On the question of definition of constitutional law

Abstract

In the legal system of the USSR and Russia the fundamental system of legal norms has long been referred to as State Law, whereas Anglo-Saxon system tended to call it "Constitutional Law". The article considers the international experience in this matter. Area of law means a branch, and Constitutional Law is a body rather than a branch. That is why we consider it right to refer to Constitutional Law as the main body of law, but not its branch. This main body grounds the offshoots - the branches (Civil Law, Criminal Law, etc.), the main principles of which can be found in Constitutional Law. Strictly speaking, the concept of "State Law"covers all systems of norms regulating organization and activities of the state, i. e. besides Constitutional Law, at a branch level it also includes such norms as parliamentary law and parliamentary process (including legislative), administrative law and administrative process, judicial law and process, municipal law and process, as well as basic legal norms,regulating organization and activities of other state authorities, such as Prosecution Service (separated from court), investigative authorities (separated from prosecutorial authorities), national audit office (courts, tribunals), local government institutions, and institutions which can be governmental and private, for example notary service, advocacy, etc. One of the formal features of real or illusory democratization in Hungary, Poland, Romania, Yugoslavia and the states which emerged following its disintegration is that the respective system of legal norms has been referred to as constitutional law. Nowadays, in Eastern European former socialist countries, as well as in Mongolia, the process of development of a constitutional system and valid constitutional law has been deploying at a different speed. Today, only a few countries use the concept of "state law"; the majority define the fundamental system of their legislation as "constitutional law" regardless of whether they employ constitutional system or not.