Constitutional Legal Systems in the Modern World

DOI

10.2991/assehr.k.201205.036How to use a DOI?

Keywords

constitutional law, constitutional legal system, sources of constitutional law, conflicts and contradictions of constitutional law, ontology of constitutional law, constitutional tradition

Abstract

Based on a theoretical and comparative legal analysis of the phenomenon of “constitutional legal system”, the authors formulate its definition and highlight its structural elements. The constitutional legal system is a complex multilevel phenomenon where constitutional law is represented by a combination of existing sources of national constitutional law, constitutional justice, and the legal technique of constitutional lawmaking and law enforcement. They carry out a specific classification of the main constitutional and legal systems of the modern world: British, American, European constitutional legal systems, the constitutional legal system of Islamic law). The main features of the formation and functioning of the main constitutional and legal systems are highlighted. The specific features of the constitutional legal system of modern Russia are analyzed separately. It is concluded that the current Russian constitution has a number of serious contradictions, due to the fact that it simultaneously retained a number of key characteristics of the Soviet constitutional system and, at the same time, borrowed (largely mechanically) elements of the modern Western tradition. The authors point out that the Russian state and society are making another attempt to move from state voluntarism to legal constitutionalism. It appears feasible to complete the transition in the coming decades.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Roman Romashov
AU  - Vladislav Panchenko
AU  - Konstantin Shushpanov
AU  - Ivan Makarchuk
AU  - Oleg Savin
PY  - 2020
DA  - 2020/12/07
TI  - Constitutional Legal Systems in the Modern World
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 204
EP  - 208
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.036
DO  - 10.2991/assehr.k.201205.036
ID  - Romashov2020
ER  -