Abstract

The study is aimed at identifying and doctrinal analysis of the essence and significance of the Constituent Power in the context of the specific features of the historical and legal development of constitutional law. The authors intend to distinguish between the Constituent and constituted powers, and show the political and legal features of the formation and implementation of the latter. The authors find that constituted power flows from the Constituent Power, the only bearer of which is the People. The authors believe that the essence of the Constituent Power is determined by those national values, principles and fundamental goals, the bearer of which is the People. The authors especially emphasize the political potential of the Constituent Power, which at a certain stage of maturation and, especially, in the conditions of historical and legal crisis developments, inevitably finds its positive legal expression.

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