Open AccessThe Constitution as a constituent document on the economic system of society
Author(s) -
Inessa Pustovalova
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.10
Subject(s) - constitution , normative , preamble , law , relation (database) , law and economics , function (biology) , political science , sociology , computer science , computer network , channel (broadcasting) , database , evolutionary biology , biology
The article discusses the doctrinal definition of the potential capabilities of the constitution to establish the principles of the economic system of society, the relevant normative tools with which the constitutionalization of the economic system takes place, and it also turns out how the backbone (constituent) norms relating to the economic system are presented in the constitutions of various "generations". Based on the results of the study, the conclusion is substantiated that the impact of the constitution on the economy is most tangibly manifested in the intersection of the constituent and economic functions of the constitution. The author argues that the implementation of the constituent function of the constitution in relation to the economic system of the country is carried out through a number of so-called specialized norms or atypical legal prescriptions. In particular, the establishment (establishment) of the economic system at the level of the main law is carried out with the help of norms-goals, norms-tasks and norms-principles. All these norms have a backbone (constituent) character in relation to the economic system and give a general purposeful nature to the law enforcement process in this area. The article emphasizes that the system-forming (constituent) norms related to the economic system can be presented in the preamble, as well as structural parts devoted to the principles of the constitutional order or specifically the constitutional principles of the country's economic system. The author notes that the system-forming (constituent) norms relating to the economic system are most widely represented in the constitutions adopted in the period from the end of the Second World War to the present, that is, in the constitutions of the third and fourth generations. This is due to the strengthening of state influence on the economy, the complication of the economic policy of the state and the expansion of the subject of constitutional and legal regulation.