The Constitution is the Basic Law of the State and represents the most important legal document that enshrines the foundations of state power and its interaction with individual citizens and the whole society. The norms of this law are higher in comparison with the requirements of other documents.
The provisions of the Basic Law fulfill the most important functions. The Constitution assigns the role of a regulator of communication between the state and society. But her influence is not limited to this.
The concept and functions of the Constitution are the categories of constant study by lawyers and the subject of discussion between them. This is due to the fact that these aspects are fundamental to the entire legal industry.
Key Points
The functions of the Constitution extend not only to the regulation of public relations, but also to human justice and behavior, the formation of moral principles and culture of society. They ensure the coherence and effectiveness of the interaction of all legal and social elements. Thus, through the versatility of the directions of influence, it is possible to determine the significance that the functions of the Constitution have for the life of each state.
On the essence of the Constitution
The concept of the essence of the Basic Law belongs to the category of philosophical. In science, there are several approaches to understanding the meaning of the Constitution.
- The normativist sees the essence of this document in the consolidation of certain norms and institutions.
- Adherents in turn natural law see in the Constitution a social contract.
- Sociologists believe that this act expresses the real attitude of social forces in the state.
- Marxist-Leninists believe that the norms of the Basic Law reflect the will of the ruling class only.
At present, the essence of the Constitution is understood as a compromise of the diverse forces of society on the basis of universal values.
Types of Functions of the Basic Law
There are several approaches to the classification of the main directions of the impact of the Constitution. And some authors highlight the following lines of its influence on the state and society:
- constituent;
- foreign policy;
- ideological;
- organizational.
In addition, in the scientific community, opinions are expressed that the Constitution also performs legal, stabilization and constructive functions. In our opinion, the most correct is the approach to dividing all areas of the impact of the Basic Law into two groups - legal and social.
The first includes such basic functions of the Constitution as constituent, regulatory, protective and programmatic. The second group, in turn, includes political, economic, ideological and educational.
Constitution
The main function of the constitution is constituent or, in another way, fixing. This purpose of the Basic Law is that its norms constitute the basic tenets of the political system and politics.
The Constitution enshrines the powers and freedoms of citizens, as well as their duties. It reflects the existing forms of ownership in the country. Constitutional norms of a constituent nature create new social relations that did not exist before the adoption of this normative document.
Coordination
We must not forget that the main functions of the Constitution also include the regulatory direction. This document not only establishes the basis for the regulation of public relations, which did not exist before its adoption.
Another purpose of the Constitution is the regulation of legal relations already existing in society, which, as a rule, are of an important nature and are related to issues of power, individual rights and state sovereignty.
Protection
The importance of constitutional relations entails the need to protect them. This is due to the presence of the function of the same name of this document. It follows that the protection of the provisions prescribed in the Basic Law should also ensure state legal stability.
Programmability
The programmatic nature of the Constitution is explained by the fact that the norms of this act are a kind of development direction for the entire legislation of the country for many years. This is due to the fundamental and stable nature of the provisions of this document. They can be described as basic postulates for all branches of law.
In politics
Now we turn to the description of the social directions of the Basic Law. The functions of the Constitution of the Russian Federation include political influence. The text of this document contains such rules as ideological diversity, as well as political pluralism. In addition, this Constitution fixes the foundations of the organization of power in the country, the principles of interaction between it and the person, as well as the functioning of the entire political system as a whole.
In the economic sphere
In the text of the Basic Law, the foundations of market relations find their place. In it, in addition, forms of ownership are fixed. The norms of this document fix the program of economic development of the whole country. It guarantees the right to work, to a fair reward for their work.
Influence on the worldview
The functions of the Constitution of the Russian Federation also include an ideological direction. It is called upon to formulate among the citizens of the country such values as lawful behavior, political activity, and responsibility in making important and adequate legal decisions. With the help of this function, the Constitution between the state and society forms relationships that are based on mutual respect and common responsibility of their participants.
Educational impact
The social function of the Fundamental Law also lies in the favorable effect of constitutional provisions on the worldview of citizens with the aim of developing legal norms of justice for them. To achieve this goal, it is necessary to revive in people respect for this document. The constitution should reflect in its text the real situation in the state, and its place in the system of other normative acts must be unshakable, significant and authoritative.
Significance of the Constitution
The presence of numerous functions and tasks of the Basic Law of the state suggests that this normative act establishes the foundations of all branches of law. Its text contains the most important provisions regarding the regulation of the most significant social relations and their protection.
In addition, the Constitution is a program act that defines the vector of development of society and the state. The basic law is the basis of state ideology and the education of legal consciousness among citizens. Thus, the functions of the Constitution of the Russian Federation support all important areas of the state’s activities.