Open AccessLegitimacy of Power and Constitutional Continuity
Author(s) -
С.В. Кабышев
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.112.3.089-095
Subject(s) - legitimacy , legislature , parliament , political science , power (physics) , law and economics , law , constitutional right , identity (music) , order (exchange) , constitutional review , constitution , sociology , business , politics , philosophy , physics , finance , quantum mechanics , aesthetics
The paper analyzes the views of Prof. Ekaterina I. Kozlova concerning the lost values of the procedures institutionalizing the Russian Parliament, the risks of inconsistent implementation of mechanisms of recognition of powers of elected deputies of legislatures, peculiarities of procedures under consideration in other countries. The author has determined the mechanisms of ensuring legitimacy of power. The paper provides arguments in favour of preserving legal traditions, customs and rituals to ensure the stability of the constitutional order. The hypothesis has been put forward that constitutional identity and continuity of historical development are covered by the concept of constitutional continuity. It is concluded that the study of the constitutional continuum as a concept reflecting the natural relations between different conditions of the constitutional order can contribute to the ensuring of the legitimacy of the power and finding the best ways of transforming the constitutional and legal system.