Forms of implementation of constitutional norms: theory and practice

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Introduction: the article discusses the theoretical and practical aspects of the implementation of constitutional norms. It is emphasized that it is not correct to consider the implementation of the norms of the constitution only from the position of their observance or execution. If we talk about the fact that the Constitution of the Russian Federation, being a normative act of the highest power, then it logically follows that constitutional norms are implemented in all three direct forms: compliance, execution and use. The author gives a theoretical definition of the concept of "implementation of constitutional norms", and also characterizes the main forms of their implementation by the method of interdisciplinary research, while all forms of implementation are supported by practical examples, which makes it possible to more fully assimilate the subject of research. Materials and Methods: the normative basis of the study is formed by the Constitution of the Russian Federation, which establishes the main forms of implementation of constitutional norms, which are implemented and applied in practical life in different ways. The methodological basis of the research was a complex of general scientific (dialectical, analysis and synthesis, system-structural approach) and special methods of cognition. The Result of the Study: The author comes to the conclusion that in order to achieve the effectiveness of the implementation of constitutional norms, two conditions are necessary: the reality of the norms of the constitution and a high level of development of the legal consciousness of the subject. The study notes that a considerable number of constitutional norms are also implemented in the form of application, thereby forming an indirect form of implementation of constitutional norms - constitutional law enforcement. In this regard, special attention is paid to constitutional law enforcement, which remains poorly studied at present. Findings and Conclusions: the article concludes that constitutional law enforcement is a special organizational activity of the competent state bodies with authority in the field of implementation of constitutional and legal norms in order to implement them in a specific life case, established by the Constitution of the Russian Federation. In conclusion, the author substantiates the need for further research of constitutional law enforcement.

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Realization of the right, constitutional norm, law enforcement, constitutional law enforcement, execution and observance of the constitution, legal awareness

Короткий адрес: https://sciup.org/143180736

IDR: 143180736   |   DOI: 10.55001/2312-3184.2023.90.23.004

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