On the Constitutional Process Concept Stages Role in Creation of the Modern States

Igor E. Ilichev

doi:doi:10.11648/j.ss.20180706.14

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On the Constitutional Process Concept Stages Role in Creation of the Modern States

Igor E. Ilichev

Published in Social Sciences (Volume 7, Issue 6)

Received: 25 July 2018 Accepted: 13 September 2018 Published: 31 October 2018

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Abstract

The constitutional process is viewed as a complex phenomenon of legal life. In its broad interpretation the term Constitutional Process is the history of constitutionalism (constitutional reforms, the change of constitutions) in a particular country, in a narrow one – the totality of the stages of the life cycle of a single Constitution in their natural sequence, the history of a concrete Constitution. The history of constitutionalism in Russia presented in a concise form is linked to the goals and the procedure of the adoption of Russian constitutions. The study of the procedural aspects allowed the author to form the conceptual apparatus of the constitutional process, to identify and describe, also in a graphic form, the main stages of the life cycle of a single Constitution, to show the discrete nature of the modernization of existing legal constitutions and their shifts and the continuous nature of the development of a real (actual, non-formal, unwritten) constitution as a result of free folk art. Seven differences between the legal and actual constitutions have been identified and described, as well as the stimulating role of the actual constitution for the development of the legal Constitution and constitutional reforms. The article discusses the role of the constitutional process in the creation of modern States, legal and social conditions for a stable and long existence of the legal Constitution, the reasons for the emergence of new constitutions and their implementation in Russia, permissible limits of amendments to the current legal Constitution, and finally, how the problem of constitutional crises in developing countries may be solved under the auspices of the United Nations.

Published in	Social Sciences (Volume 7, Issue 6)
DOI	10.11648/j.ss.20180706.14
Page(s)	268-273
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2018. Published by Science Publishing Group

Keywords

Constitutional Process, Constitutional Reforms, Philosophy of the Phenomenon, Concepts, Stages, Legal Constitution, Actual Constitution, Their Correlation, Life Cycle, Modern States, Creation

References

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[2]	Claudia Postelnicescu. Europe’s New Identity: The Refugee Crisis and the Rise of Nationalism. Europian Journal of Psychology, 2016 May; 12(2): Pp. 203 – 209.
[3]	Andrei N. Medushevsky. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization. Journal of Eurasian Studies. 2012 Vol. 3, No 2 Pp. 116 – 125.
[4]	The principles of the constitutional proceedings. In: The Federal constitutional law of 21 July 1994 № 1-FCL (an edition from 28.12.2016 No 11-FKZ) "On the Constitutional Court of the Russian Federation". – Chapter 4.
[5]	Y. Kovalyov. The foundations of the constitutional proceedings in Russia. The Young Scientist. 2015 No. 22 Pp. 604 – 606.
[6]	T. Y. Khabrieva, V. E. Chirkin. The Theory of the modern Constitution. – Moscow: Norma, 2007. P. 9.
[7]	T. Y. Khabrieva, L. V. Andrichenko. Constitutional Reforms in the Post-Soviet Space: Development Trends. Perm University Herald. Juridical Sciences. 2017. Issue 37. Pp. 272 – 287.
[8]	S. A. Avakian. Constitutional law of Russia. Training course: in 2 Vol. / 5-th Ed. Moscow: Norma: Infra-M, 2015. Vol. 1. Pp. 161 – 165.
[9]	Basic state laws of the Russian Empire. 23 April 1906 In: Russian Legislation of the 10th – 20th centuries. Vol. 9 Moscow: Legal literature, 1994. Pp. 43 – 51.
[10]	The Constitution (Basic Law) of the Russian Socialist Federal Soviet Republic (adopted by the V all-Russian Congress of Soviets at the meeting of July 10, 1918.). URL http://constitution.garant.ru/history/ussr-rsfsr/1918.
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[14]	The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993). URL http://base.garant.ru/10103000.
[15]	V. N. Butusova. On the modernization of the Russian Constitution, Constitutional and municipal law. 2013. No. 1. Pp. 5 – 11.
[16]	N. A. Bobrova. 20 years and 20 deficiencies of the Russian Constitution. Constitutional and municipal law (Rus.). 2013. No. 3. Pp. 33 – 37.
[17]	G. N. Komkova. The stability of the Constitution is the legal basis for the stability of the Russian state. Bulletin of the Saratov state law Academy. 2014. No. 1 (96). Pp. 65 – 69.

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APA Style

Igor E. Ilichev. (2018). On the Constitutional Process Concept Stages Role in Creation of the Modern States. Social Sciences, 7(6), 268-273. https://doi.org/10.11648/j.ss.20180706.14

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ACS Style

Igor E. Ilichev. On the Constitutional Process Concept Stages Role in Creation of the Modern States. Soc. Sci. 2018, 7(6), 268-273. doi: 10.11648/j.ss.20180706.14

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AMA Style

Igor E. Ilichev. On the Constitutional Process Concept Stages Role in Creation of the Modern States. Soc Sci. 2018;7(6):268-273. doi: 10.11648/j.ss.20180706.14

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@article{10.11648/j.ss.20180706.14,
  author = {Igor E. Ilichev},
  title = {On the Constitutional Process Concept Stages Role in Creation of the Modern States},
  journal = {Social Sciences},
  volume = {7},
  number = {6},
  pages = {268-273},
  doi = {10.11648/j.ss.20180706.14},
  url = {https://doi.org/10.11648/j.ss.20180706.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20180706.14},
  abstract = {The constitutional process is viewed as a complex phenomenon of legal life. In its broad interpretation the term Constitutional Process is the history of constitutionalism (constitutional reforms, the change of constitutions) in a particular country, in a narrow one – the totality of the stages of the life cycle of a single Constitution in their natural sequence, the history of a concrete Constitution. The history of constitutionalism in Russia presented in a concise form is linked to the goals and the procedure of the adoption of Russian constitutions. The study of the procedural aspects allowed the author to form the conceptual apparatus of the constitutional process, to identify and describe, also in a graphic form, the main stages of the life cycle of a single Constitution, to show the discrete nature of the modernization of existing legal constitutions and their shifts and the continuous nature of the development of a real (actual, non-formal, unwritten) constitution as a result of free folk art. Seven differences between the legal and actual constitutions have been identified and described, as well as the stimulating role of the actual constitution for the development of the legal Constitution and constitutional reforms. The article discusses the role of the constitutional process in the creation of modern States, legal and social conditions for a stable and long existence of the legal Constitution, the reasons for the emergence of new constitutions and their implementation in Russia, permissible limits of amendments to the current legal Constitution, and finally, how the problem of constitutional crises in developing countries may be solved under the auspices of the United Nations.},
 year = {2018}
}

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TY  - JOUR
T1  - On the Constitutional Process Concept Stages Role in Creation of the Modern States
AU  - Igor E. Ilichev
Y1  - 2018/10/31
PY  - 2018
N1  - https://doi.org/10.11648/j.ss.20180706.14
DO  - 10.11648/j.ss.20180706.14
T2  - Social Sciences
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JO  - Social Sciences
SP  - 268
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PB  - Science Publishing Group
SN  - 2326-988X
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AB  - The constitutional process is viewed as a complex phenomenon of legal life. In its broad interpretation the term Constitutional Process is the history of constitutionalism (constitutional reforms, the change of constitutions) in a particular country, in a narrow one – the totality of the stages of the life cycle of a single Constitution in their natural sequence, the history of a concrete Constitution. The history of constitutionalism in Russia presented in a concise form is linked to the goals and the procedure of the adoption of Russian constitutions. The study of the procedural aspects allowed the author to form the conceptual apparatus of the constitutional process, to identify and describe, also in a graphic form, the main stages of the life cycle of a single Constitution, to show the discrete nature of the modernization of existing legal constitutions and their shifts and the continuous nature of the development of a real (actual, non-formal, unwritten) constitution as a result of free folk art. Seven differences between the legal and actual constitutions have been identified and described, as well as the stimulating role of the actual constitution for the development of the legal Constitution and constitutional reforms. The article discusses the role of the constitutional process in the creation of modern States, legal and social conditions for a stable and long existence of the legal Constitution, the reasons for the emergence of new constitutions and their implementation in Russia, permissible limits of amendments to the current legal Constitution, and finally, how the problem of constitutional crises in developing countries may be solved under the auspices of the United Nations.
VL  - 7
IS  - 6
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Author Information

Igor E. Ilichev

Department of State and Legal Disciplines, Belgorod Law Institute of the Ministry of Internal Affairs of Russian Federation Named After I D Putilin, Belgorod, Russia

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APA Style

Igor E. Ilichev. (2018). On the Constitutional Process Concept Stages Role in Creation of the Modern States. Social Sciences, 7(6), 268-273. https://doi.org/10.11648/j.ss.20180706.14

Copy | Download

ACS Style

Igor E. Ilichev. On the Constitutional Process Concept Stages Role in Creation of the Modern States. Soc. Sci. 2018, 7(6), 268-273. doi: 10.11648/j.ss.20180706.14

Copy | Download

AMA Style

Igor E. Ilichev. On the Constitutional Process Concept Stages Role in Creation of the Modern States. Soc Sci. 2018;7(6):268-273. doi: 10.11648/j.ss.20180706.14

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@article{10.11648/j.ss.20180706.14,
  author = {Igor E. Ilichev},
  title = {On the Constitutional Process Concept Stages Role in Creation of the Modern States},
  journal = {Social Sciences},
  volume = {7},
  number = {6},
  pages = {268-273},
  doi = {10.11648/j.ss.20180706.14},
  url = {https://doi.org/10.11648/j.ss.20180706.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20180706.14},
  abstract = {The constitutional process is viewed as a complex phenomenon of legal life. In its broad interpretation the term Constitutional Process is the history of constitutionalism (constitutional reforms, the change of constitutions) in a particular country, in a narrow one – the totality of the stages of the life cycle of a single Constitution in their natural sequence, the history of a concrete Constitution. The history of constitutionalism in Russia presented in a concise form is linked to the goals and the procedure of the adoption of Russian constitutions. The study of the procedural aspects allowed the author to form the conceptual apparatus of the constitutional process, to identify and describe, also in a graphic form, the main stages of the life cycle of a single Constitution, to show the discrete nature of the modernization of existing legal constitutions and their shifts and the continuous nature of the development of a real (actual, non-formal, unwritten) constitution as a result of free folk art. Seven differences between the legal and actual constitutions have been identified and described, as well as the stimulating role of the actual constitution for the development of the legal Constitution and constitutional reforms. The article discusses the role of the constitutional process in the creation of modern States, legal and social conditions for a stable and long existence of the legal Constitution, the reasons for the emergence of new constitutions and their implementation in Russia, permissible limits of amendments to the current legal Constitution, and finally, how the problem of constitutional crises in developing countries may be solved under the auspices of the United Nations.},
 year = {2018}
}

Copy | Download

TY  - JOUR
T1  - On the Constitutional Process Concept Stages Role in Creation of the Modern States
AU  - Igor E. Ilichev
Y1  - 2018/10/31
PY  - 2018
N1  - https://doi.org/10.11648/j.ss.20180706.14
DO  - 10.11648/j.ss.20180706.14
T2  - Social Sciences
JF  - Social Sciences
JO  - Social Sciences
SP  - 268
EP  - 273
PB  - Science Publishing Group
SN  - 2326-988X
UR  - https://doi.org/10.11648/j.ss.20180706.14
AB  - The constitutional process is viewed as a complex phenomenon of legal life. In its broad interpretation the term Constitutional Process is the history of constitutionalism (constitutional reforms, the change of constitutions) in a particular country, in a narrow one – the totality of the stages of the life cycle of a single Constitution in their natural sequence, the history of a concrete Constitution. The history of constitutionalism in Russia presented in a concise form is linked to the goals and the procedure of the adoption of Russian constitutions. The study of the procedural aspects allowed the author to form the conceptual apparatus of the constitutional process, to identify and describe, also in a graphic form, the main stages of the life cycle of a single Constitution, to show the discrete nature of the modernization of existing legal constitutions and their shifts and the continuous nature of the development of a real (actual, non-formal, unwritten) constitution as a result of free folk art. Seven differences between the legal and actual constitutions have been identified and described, as well as the stimulating role of the actual constitution for the development of the legal Constitution and constitutional reforms. The article discusses the role of the constitutional process in the creation of modern States, legal and social conditions for a stable and long existence of the legal Constitution, the reasons for the emergence of new constitutions and their implementation in Russia, permissible limits of amendments to the current legal Constitution, and finally, how the problem of constitutional crises in developing countries may be solved under the auspices of the United Nations.
VL  - 7
IS  - 6
ER  -

Copy | Download