THE TYPOLOGY OF CONSTITUTIONS ON THE BASIS OF CONSOLIDATION OF PERSONALITY LEGAL MODUS ELEMENTS: A NEW APPROACH TO THE CONTENT ANALYSIS

  • Elena Anatolyevna Kapitonova Penza State University
Keywords: personality legal modus, types of constitutions, restriction of constitutional rights and freedoms, constitutional duties, constitutional responsibility

Abstract

The issue of classification of constitutions according to various principles is widely reflected in educational literature but it rarely becomes the subject of scientific research. At the same time, any of its supplements can enrich the constitutional law science due to the original point of view which will help solving new research problems. The author analyzes various classifications proposed by Russian and foreign scientists (including British and German constitutionalists) and makes the conclusion about the possibility of their supplementing with the concept reflecting a new approach to the content analysis of the texts of basic laws. The classification is based on the personality legal modus elements – the restriction of rights and freedoms, and duties and responsibilities. Depending on which of them are enshrined in the text of the constitution, the author distinguish 4 types of basic laws: 1) constitutions providing only for the possibility of restricting personal rights and freedoms; 2) constitutions providing for the possibility of restricting the rights and freedoms, as well as the duties of an individual; 3) constitutions providing for the possibility of restricting the rights and freedoms, as well as the responsibility of an individual; 4) constitutions providing for the possibility of restricting the rights and freedoms, as well as the duties and responsibilities of an individual. The author gives the examples and concludes about the prevalence of each specified type. Typically, national legislators mention in the constitution the duties and restrictions of personal rights and freedoms (the second type). The first and third types may be recognized as rare types. The author made conclusions based on the analysis of 67 constitutions of various countries of the world.

Author Biography

Elena Anatolyevna Kapitonova, Penza State University

PhD (Law), assistant professor of Chair “Criminal Law”

Published
2019-06-27
Section
Статьи