The cult of the written constitution and the dilemmas of constitutional changes: scientific approaches and practice of deliberative constitutionalism

Abstract

The subject. The article discusses the scientific foundations of the cult of a written constitution, the relationship between the principles of the supremacy of the constitution and fidelity to the constitution, on the one hand, and the forms and methods of constitutional changes in modern democratic states, on the other hand.The aim of the article is to reveal the dilemmas of legal constitutionalism in the context of the formation of doctrinal foundations and the practice of applying deliberative and dialogical constitutionalism in modern jurisprudence and the practice of constitutional development.Methodology. The author uses deliberative and epistemological approaches, methods of formal-legal, concrete-historical, comparative constitutional-legal and complex analysis. Main results, scope of application. A special field of knowledge is being formed, which is called “comparative constitutional changes”. The scientific school of constitutionalism proposes to see the purpose of this field of knowledge in the development and improvement of forms and methods of participation of the people, citizens, civil society, professional and expert opinion in constitutional changes. The study provides a critical constitutional analysis of the peculiarities of the nature of all-Russian voting and the legal positions of the body of constitutional justice in Russia on the issue of all-Russian voting, prospects for improving the principle of popular sovereignty and the institutions of citizen’s participation, civil society, professional and expert opinion in the Russian constitutional doctrine and in legislation.Conclusions. The cult of a written constitution dominates in the contemporary world of democratic constitutional states that differ in socio-economic and political-legal indicators of their development on the geopolitical and legal map of the planet. In the practice of contemporary states, except for the adoption of a draft new constitution, the most common practice is to express individual preferences (“for” or “against”) citizens regarding the content of each amendment or several interrelated amendments. The theory of deliberative constitutionalism is multifaceted and is intended to scientifically substantiate the prospect of expanding the constitutional basis for democratic decision-making and creating a democratic basis for constitutional change. Deliberative constitutionalism, as a theory of engagement in constitutional communication, serves the purpose of seeking collective wisdom in matters of constitutional design and constitutional change. The cult of a written constitution is combined with an inclusive constitutional paradigm for the development of democratic states, which involves the development of deliberative and imperative forms of citizen’s participation. Russian constitutionalism needs to further expand popular participation in the development and discussion of decisions of a constitutional nature.