Davtian V.R., Stankevich Z.A. Constitutional Building: Theoretical Aspects

DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.10

Vahram R. Davtian, Candidate of Juridical Sciences, Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Рrosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. .

Zigmund A. Stankevich, Doctor of Juridical Sciences, Kutafin Moscow State Law University, Sadovaya-Kudrinskaya St., 9, 125993 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article deals with the term of constitutional building and its semantic content in the different periods of time in the scientific works of scientists and the modern perception. For this purpose, the author presents different points of view of the scientists regarding these definitions. By applying the scientific methods, the author defines the concept of constitutional building and distinguishes it from such categories in the field of constitutional law as a constitutional order and state-building. Results: it is stated that it is allowed to identify the concept of constitutional form of government and political system. However, the difference may be due to the certain circumstances. Conclusions: the author comes to the conclusion that constitutional building may be interpreted as the process of building a constitutional or political system. Meanwhile, we should not identify the concept of state-building and constitutional building, since state-building is often defined as the process of appearing specialized personnel, control over the joint territory, loyalty, and strength of political institutions with a centralized and autonomous position of holding the violence monopoly against the population of the state. Constitutional building acts as a way of organizing the state in which the state is subordinate to the rights and freedoms of man, regulated by the specific legal acts.

Key words: constitutional building, constitutional order, state system, state-building.

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