The “Solar Plexus” of Russian Law (on the Evolution of Judicial and Normative Constitutionalization of Russian Law)

Abstract

The article analyzes the potential of constitutional provisions from the standpoint of the philosophy of public law, theory and practice of constitutionalism, reveals the mechanism and levels of constitutionalization of legislative norms, and traces the law-forming role of the Russian Constitution for the entire legal system. The law is considered as a dynamic system, the parameters of which can change under the influence of the ideology of modernity and postmodernity, challenges and global threats. The connection of law with current social processes is obvious and its understanding helps to realize the creative power of law in the transformation of social relations. This confirms not only the dogmatic, but also the important practice-oriented dimension of constitutionalism. Constitutional justice ensures the coherence and harmonization of the ideas of natural law with the requirements of the certainty of the norms of law that have a branch affiliation. Global changes in the world required the modernization of the provisions of the country's Basic Law as a guiding vector for the development of the entire system of Russian legislation. In fact, this direction was a new legal effect of constitutionalization. In the year of the 30th anniversary of the Constitution of the Russian Federation, it is important to discuss not only the one-level links of constitutional norms and sectoral legislation, but also to consider the images of the future phenomenon of constitutionalization.