About the elasticity of constitutional principles and constitutional policy - Реферат

The norm of Part One Article 125 of the Constitution of the Russian Federation according to which the Constitutional Court of the Russian Federation consists of 19 Judges is quite concrete. In Resolution of the Constitutional Court of the Russian Federation from July 9, 2002 on the case about the verification of constitutionality of the regulations of item 5 Article 18 and Article 301 of the Federal Law "About general principles of organization of legislative (representative) and executive organs of the government of the subjects of the Russian Federation", Article 108 of the Constitution of the Republic Tatarstan, Article 67 of the Constitution (law) of Republic Sakha (Yakutia) and Part Three Article 3 of the Law of Republic Sakha (Yakutia) "About elections of the President of Republic Sakha (Yakutia)" there has been made the conclusion that principles of the constitutional system of the Russian Federation as the democratic federal legal state with the republican form of government caused by democracy and realized through free periodic elections, by virtue of the federal structure based on the state integrity of the Russian Federation and unity of the system of the government (Article 1, Part 1, and Article 5 Part 3 of the Constitution of the Russian Federation), are distributed to the organization of the government, its formation and conditions of replacement of the corresponding posts in the subjects of the Russian Federation. Let"s specify: as soon as the quite concrete norm of Part 3 Article 81 of the Constitution of the Russian Federation has been interpreted by the Constitutional Court of the Russian Federation in the system connection with the constitutional principles of the democratic federal legal state with the republican form government, principles of democracy and free elections, there has been revealed general for all levels of the government principle of regular updating of the human substratum of these organs. However by virtue of Article 125 of the Constitutions of the Russian Federation the monopoly right of final interpretation of the Constitution of the Russian Federation shall belong to the Constitutional Court of the Russian Federation which shall be independent at realization of justice in the form of the constitutional legal proceedings (the second sentence Article 10, Article 118, Part One and Two, Article 120, Part One, Article 125 of the Constitution of the Russian Federation). Relativism in the constitutional interpretation means, that: a) all the constitutional principles should coexist, b) the best way for their coexistence should be such interpretation of one of the constitutional principles when the new representations about it allow to strengthen the regulative effect from another (other) constitutional principlese c) not only equilibration of the two constitutional principles is possible, but strengthening of value, of one of them during any period of time is possible as well.