THE ESSENCE AND MAIN FEATURES OF CONSTITUTIONAL LAW REFORM AS A DYNAMIC AND CONTINUOUS PROCESS

Abstract

The article analyzes the essence and main features of constitutional law reform as a dynamic and continuous process. This process is first determined by continuous changes in the political and legal life of society and the state, and second, by the need for a swift state response to relevant changes in social relations. The rule of law and further development of civil society is dependent on the latter. The theoretical foundations of constitutional law reform, its impact on the establishment of civil society institutions and on the optimization of state administration are analyzed. Attention is paid to the historical prerequisites for the emergence of law reform as a social, political and legal phenomenon. Emphasis is placed on the idea that constitutional law reform is not limited to transformations caused by legal reform only. Constitutional law reform should be considered an ongoing phenomenon that takes place in all spheres of society and the state, covering all of the interaction between them and the direction of their functioning. It is noted that society is directly dependent on the administrative influence of the state and its desire to consolidate (or “cement”) the development of society in law. By doing so, the government eases its administrative function by avoiding legislative reforms aimed at developing social relations via the enforcement of legislature to artificially change existing social relations. It is noted that transformations related to political, socio-economic, cultural, other spheres of life initiated solely by state cannot be an effective tool for the transformations being carried out. On the contrary, they distort and nullify a qualitative approach to the formation of the necessary conditions for the development of civil society. The continuity of constitutional law reform is emphasized. It is also noted that continual constitutional legislation becomes the means through which the goals of reforms acquires their objective external expression, becoming the basis for certain transformations. The general idea of constitutional law reform requires constant clarification of its individual aspects and characteristics. This refers to those signs of social changes with which reformation is associated.