ՍԱՀՄԱՆԱԴՐՈՒԹՅՈՒՆԸ ԵՎ ՍԱՀՄԱՆԱԴՐԱԿԱՆՈՒԹՅՈՒՆԸ

Abstract

The article presents the concept and essence of the constitution and constitutionalism. The purpose of the article is to show the historical genealogy and development of the constitution and constitutionalism, the role and significance in the life of the state and society by the method of legal comparative analysis. The purpose predetermined the setting of the following tasks: a. to reveal the concept, essence and content features of the constitution and constitutionalism, b. to conduct a brief analysis of the components of constitutionalism, c. to define the concept of actual and legal constitutions, d. to present the features of the procedure for the development, adoption and amendment, as well as the subject of regulation of the Basic Law. The author, using a systematic methodology, subjected the historical and legal concept and meaning of two closely interconnected terms to research analysis. We came to the conclusion that the Constitution is not only the fundamental law of the state, but also a kind of pact between the rulers and the ruled on the recognition of the rights and obligations of each other, and also fixes the foundations of the constitutional order of society and the state, the legal status of citizens, that is, the basis of society, on which everything else is established. The constitution establishes the structure of the state, the form of government, the political regime, the foundations of the legal status of individuals, the foundations of foreign and domestic policy. Constitutionalism is the perception of the norms and values enshrined in the Constitution of a given state by society, the application of these values in life, the manifestation of the corresponding will of state authorities in the application and provision of enshrined norms and values.