Formation of a parliamentary model of constitutional control in the basic laws of the USSR of 1924 and 1936
Автор: Rudman Mark Naumovich, Turianov Artur Razimovich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 4 (70), 2022 года.
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The article studies the features of fixing the legal mechanism of constitutional control in the first two constitutions of the USSR. The analysis is based on the study of the approaches taken by well-known legal scholars during the drafting of these constitutional acts, as well as the views of modern Russian constitutionalists on the essence and national specificity of the implementation of the ideas of constitutional control as an integral part of the system of constitutional governance. On the basis of a comparative legal analysis, the article reveals the evolution of the mechanism of constitutional control from judicial control in the Constitution of the USSR of 1924 to formal parliamentary control in the Constitution of the USSR of 1936. While recognizing the importance of the institution of constitutional control as a necessary element of constitutional governance, the authors conclude that the single-party political regime in the USSR had a destructive effect on the very idea of constitutional governance. Despite attempts to create Soviet constitutionalism as a universal way of involving society in social construction, the influence of party power negated the meaning of the Soviet Constitution. The formalization of the content of constitutionalism and federalism under the Soviet state regime contributed to a complete loss of the importance of constitutional justice in the USSR of the pre-war period.
Constitutional control, federalism, judicial control, parliamentary control, one-party dictatorship, subject of the federation
Короткий адрес: https://sciup.org/142236940
IDR: 142236940 | DOI: 10.33184/pravgos-2022.4.2