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THE PRADIGM OF THE POSTCOMMUNIST CONSTITUTION

A. Balaban
Thursday 8 November 2018 by Libadmin2018

ABSTRACT

Speaking of constitution nowadays, the communist approach, i.e. treating it as a unilateral act of state power defining the obligations of the citizens and undertaken with little public participation, must be rejected. Such a concept of a constitution, assumed, already at its adoption, that the citizens remain passive in the process of implementation and subsequent realisation of its ideas. Additionally, saturating the constitution with ideological elements gave it the nature of a political declaration. In contrast, in the present times - following the political transformation of the 1990s - we can only accept the idea of a constitution ranging between the concept of an act of the sovereign power of the nation (represented by the constituent assembly) with reference to state and political institutions, and the concept of a constitution as a social agreement between the nation and the holder of state power concluded in a referendum). The variety of tasks the constitution has to fulfil allows this act to assume different roles, including the extra-legal ones. The methods used in the study are: formal-dogmatic and historical-comparative, both used to for analysis texts of postcommunist constitutions.

Keywords: balance constitution, program constitution, concepts of the functions of constitution, constitutional matters and principles.


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