Mokoseyeva M.A. Some Aspects of the Transformation of Constitutional Legal Norms
DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.13
Marina A. Mokoseyeva, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Constitutional and Administrative Law, Mari State University, 1, Lenina Sq., 424001 Yoshkar-Ola, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-4473-4201
Introduction: the Russian doctrinal sources have been noting the formation of a new type of law-making for several years. It differs from other types in that amendments and changes to the constitutional norms are made without their direct changing. This type of law-making is called “transformation of constitutional norms”. The purpose of the study is to formulate the concept of transformation of constitutional norms and to identify the specific features and distinctions of this legal phenomenon. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of comparison, analysis, and generalization of legal material. Results: the author’s position on the need to determine the features, limits, and distinctions of this institution in Russian science is based on the study of the modern legislation, as well as a large number of examples from judicial practice. Based on this approach to the study of legal material, the very concept of transformation of constitutional norms was studied, the ambiguities of the transformation processes were identified, and the features and limits of transformation were formulated. Conclusions: as a result of the study, the role of transformation as a regulator of public relations and a new type of law-making is revealed. The features, signs, and limits of the transformation of constitutional norms are established through the analysis of examples in the judicial practice of the Constitutional Court of the Russian Federation. It is determined that the transformation is temporary, can fill a legal gap, and has a specific mechanism of implementation, which is due to special forms of transformation (interpretation, application of legal positions, ratification, and implementation).
Key words: transformation of constitutional law, law-making, change of constitutional norms, constitutional norms, transformation, constitutional law.
Citation. Mokoseyeva M.A. Some Aspects of the Transformation of Constitutional Legal Norms. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 4, pp. 96-105. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.13
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