Open AccessTHE PROBLEMS OF CONSTITUTIONAL ORDER STABILITY IN THE EURO-ASIAN REGION
Author(s) -
Marat S. Salikov,
Svetlana Kuznetsova,
Артур Мочалов
Publication year - 2018
Publication title -
vestnik evropejsko-aziatskogo pravovogo kongressa/herald of the euro-asian law congress
Language(s) - English
Resource type - Journals
eISSN - 2713-2935
pISSN - 2619-0672
DOI - 10.34076/2619-0672-2018-1-17-26
Subject(s) - legislation , constitution , political science , constitutional court , constitutional economics , constitutional law , order (exchange) , law , law and economics , constitutional theory , sociology , economics , finance
Problems of stability of constitutional order have both theoretical and practical dimensions and touch all states. In the article, constitutional stability in the context of social changes is discussed.Methods: Doing the analysis, the authors use special methodology of legal research. In particular,a comparative-law is broadly applied as well as case studies.Analysis: In the first part of the article the authors discuss recent developments in the Russian constitutional legislation concerning electoral systems and informational technologies. In particular, the «Yarovaya Act» is criticized. In the authors’ opinion, legislation that does not meet social demands undermines constitutional stability. Frequent amendments of the Constitution and constitutional legislation (especially electoral one) do not contribute to constitutional stability as well. In the second part the authors analyze constitutional stability through the prism of inter-ethnic relations. They discuss some cases from Indian, Nigerian and Ethiopian experience.Results: The authors make a conclusion that stable constitutional order does not mean inflexible order. There should be a balance between social changes and maintenance of basic values and institutions. The constitutional order should be rigid enough for social changes not to be able to undermine the constitutional basis and trust of citizens to values, aims and principles proclaimed by the main law of the country.