Manifestations of legal anomy in the field of implementation of constitutional norms
Автор: Lipinsky D.A., Ivanov A.A.
Журнал: Ex jure @ex-jure
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 4, 2024 года.
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The article analyzes the problematic issues of the actual implementation of the prescriptions of constitutional norms. The relevance of the stated research topic is substantiated, as well as the presence of significant discrepancies between the actual and legal constitutions in the Russian Federation. It is noted that the Constitution of the Russian Federation of 1993 was initially considered as a transitional document designed to prepare society for the perception of new social realities. Considered in this capacity, she has already practically completed her tasks. The authors critically assess the applicability of the “living constitution” model within the framework of the general improvement of the foundations of the constitutional system of the Russian state. It is pointed out that the amendment to the 2020 Constitution, which defined new principles of the functioning of public power, strengthened the contradiction between individual provisions in the field of implementation of constitutional norms, and between the spirit and letter of the Basic Law as a whole. Conflicts between constitutional norms determine the emergence of a legal anomie in the field of constitutional law enforcement. Constitutional anomie is considered as one of the components of legal anomie in general. Practical recommendations aimed at improving the effectiveness of the domestic Constitution are proposed, and it is concluded that it is necessary to continue the relevant constitutional reform.
Living constitution, conflicts, constitutional norms, gaps, actual constitution, legal anomie
Короткий адрес: https://sciup.org/147246134
IDR: 147246134 | DOI: 10.17072/2619-0648-2024-4-7-25