Тенденции развития современных конституций

Abstract

The Constitution, as known, is the main source of law in general and of constitutional law in particular. In the domestic literature, the Russian Constitution and the constitutions of foreign countries are usually analyzed separately. The article attempts to consider the constitution as a holistic phenomenon of modern civilization. Based on the analysis of the constitutions of Brazil, Switzerland, India, the Islamic Republic of Pakistan, Germany, France and the Russian Federation some conclusions are drawn. The trends in the development of modern constitutions include the increase of constitutions, broadening the range of controlled public relations, including the constitutionalization of the relationship of reproductive medicine and gene technology in the human sphere. It is stressed that, in the modern period, when the use of transplantation medicine will only increase, the issues of protection of human dignity come to the fore. It is noted that the Constitution of Switzerland is quite unique concerning these matters. The article draws attention to the fact that the largest constitutions are most frequent to be altered, which might not have a positive impact on the stability of the constitutional order. The author evaluates the usefulness of amendments into the Constitution of the Russian Federation on lengthening the terms of the Presidential Office in Russia and the State Duma of the Russian Federation. The author notes that in democratic countries, there is quite a widespread use of the five-year term of Parliament, whereas the term of the Presidential Office tends to be lower than that in the Russian Federation. Additionally, the author refers to forms of modern constitutions, in particular the question of the advisability of the unwritten constitution. The question of legal protection of a constitution (constitutional control) is addressed. Concerning the question of the relationship between the spirit and the letter of a constitution, it is concluded that the spirit of a constitution is a deep sense of the totality of its principles and rules focused on its main purpose, and any interpretation of the letter of a constitution must come from its spirit.