Komarova, V.V. Constituting power and the state law

Abstract: The article contains analysis of the theoretical bases of constituting power, its competence and forms of its implementation in accordance with the Constitution of the Russian Federation, Constitutions (Ustavs) of the subjects of the Russian Federation. The result of the analysis was a conclusion that the right of people for referendum, as well as the right to accept the basic law via the referendum and to have a legislative provided competence to change it may be regarded as an expression of primary constituting power. An example of a derivative executive power may be a constitutional assembly. The author analyzes the issues of correlation between the constituting power and other types of power in the state taking into account the principle of separation of powers. In the opinion of the author the classic theory of separation of power only applies to the state power, and it does not apply to the constituting power. Constituting power is the basis for the public power. Special attention is paid to the definitions of «elective power» and «constituting power». The author makes a conclusion that the definition of constituting power, its competence, types and forms of implementation have a much larger scope than that of an election power, which exists for the purpose of formation of a representative body. The contents of election power are absorbed by the constituting power.

Keywords: