出版社:Mediterranean Center of Social and Educational Research (MCSER)
摘要:This paper analyzes the theoretical and methodological problems of constitutional legitimacy, gives its definition, and offers a characteristic of element of the constitutional legitimacy, made out the case of its identity to rational legitimacy. It is grounded that the formal-normative (legalization) and the socio-political aspect (legitimization) in the functioning of state authorities comprehensively characterize the existing institutional and power organization, reflect the level of constitutional and political consolidation in society, sustainability and stability of public law relations. The authors draw attention to the problems in the constitutional legitimization of power in modern Russia in the context of its socio-cultural, legal and political identity, exploring the potential constitutional and legal power resources and formulate a number of offers for improving the mechanism of constitutional-legal regulation in the Russian Federation. In the article it is argued that constitutional legitimacy is based on historical tradition and political and legal continuity and social support of the declared principles and fundamental (constitutional) relationships. This shows that the "crisis of legitimacy" acts as the main reason for large-scale and revolutionary state changes.