论法律行为的合宪性概念

S. Riznyk
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摘要

本文旨在澄清法律行为合宪性的概念。尽管这一问题特别重要,但在宪法和法律理论中仍未最终得到解决。同时,对“规范行为合宪性”现象的本质,以及“规范行为合宪性”概念的内容和范围,只有在对宪政现象、宪政主义形成的目的和根源有了初步的、循序渐进的认识之后,才能充分揭示出来。以及不同层次、不同社会的公共关系积极参与者在国家建设和人权活动中运用公共关系的实践。在研究课题的背景下,本文考察了理解宪政现象、自然法概念和法律实证主义的科学方法。文章指出,“法律行为合宪性”现象的本质以及这一概念的内容和范围,是通过作为人民主体权力行为的宪法与作为国家机关决定的法规(法律行为)的竞争来揭示的。然而,人民既然把自己的权力交给国家,就永远保留监督其正确实施的权利。本文揭示了法律行为的合宪性概念,并对法律行为的违宪性概念进行了界定。特别关注作为客观性的法律行为的合宪性(违宪性)的法律属性,以及法律行为的正式合宪性(违宪性)和推定合宪性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the concept of constitutionality of legal acts
The article is devoted to clarifying the concept of constitutionality of legal acts. Despite its particular importance, this problem remains not ultimately resolved in the constitutional and legal doctrine. At the same time, the essence of the phenomenon "constitutionality of normative acts", as well as the content and scope of the concept of the same name, can be fully revealed only after a preliminary and step-by-step understanding of phenomenon of the constitution, the purpose and roots caused the formation of the doctrine of constitutionalism, as well as practices of its usage in state-building and human rights activity by active participants of public relations of different level and different societies. In the context of the research topic the article examines scientific approaches of understanding the phenomenon of constitutionalism, con-cepts of natural law and legal positivism. It is noted that the essence of the phenomenon of "constitutionality of legal acts", as well as the content and scope of the concept is revealed through the competition of the Constitution as an act of primary power of the people and regulations (legal acts) as decisions of state bodies. The people, entrusting their power to the state, nevertheless, forever reserve the right to control its correct implementation. The author reveals the concept of constitutionality of a legal act and characterizes the concept of unconstitu-tionality of a legal act. Particular attention is paid to such legal properties of constitutionality (unconstitution-ality) of a legal act as its objectivity, along with the official constitutionality (unconstitutionality) and the pre-sumptive constitutionality of legal acts.
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