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Date
06/11/2013
Author
Georgy Satarov
Source
New Times
Preserved copy
Internet Archive
Translated material

Russian Constitution: devoted to all

23 years ago, on June 12, a country in which we live appeared. 20 years ago - its basic law, the Constitution of the Russian Federation

It is customary to think that the constitution is a text, words on good paper. But this is not entirely true. There are many texts. But not everyone puts their hand on the inauguration. Not all texts amended; For example, even our deputies would not occur to me to amend Pushkin’s poems. Although ... this is all the preamble to banal thought: any text is not only the words that make up, or the paper on which it is printed, or the site on which it is posted. It is also (or maybe, first of all) the life that this text lives. There are also musical texts: the symphony is recorded by icons on musical paper. And symphonies are akin to the constitutions. Both are subject to execution. Only symphonies are more lucky. Can you imagine the execution of the symphony as high -quality as the performance of our constitution? But the constitutions write for the same. The life of the symphony is its performance, in which everything is important: the game of musicians, and the work of the conductor, and of course, the text on musical paper. Symphony is also lucky in the fact that only those who deserve it are performed. But the accuracy of the enforcement of the laws of Nazi Germany is a dubious achievement.

And one more thing: in both cases - for constitutions and symphonies - performers are important. Many Constitutions of South America are copied with the US Constitution. The quality of execution varies dramatically. This is that the matter is not only in the text.

"

The first victim of power is the Constitution, the second - we

”There is also an important difference: in the performance of the symphony, people are divided into two unequal groups: some play, while others are enthusiastically listening. You can try to perform the constitution as a symphony: some will fulfill (power), while others will enthusiastically blame, occasionally pouting or clapping their hands (population). Then - the end is not passive and passive only as listeners, power will begin to fulfill their power. Dershkes of our own composition instead of the symphony we need.

But there is another important difference between symphony and constitutions. It sounds ridiculous: "This symphony is written to protect the audience from the orchestra and conductor." And the constitutions are written primarily in order to protect citizens from power. We are unhappy with how our constitution protects us from power. We believe that she is to blame. But no constitution will protect us from power if we are not able to protect the constitution from the same power. We are allies. When we forget about this, the constitution is the first victim of power, the second is us.

It is naive to think that the constitution is destroyed by amendments to it. The Constitution lives in laws, in court decisions, in the actions of the executive branch. All these branches of the authorities are executive, since they are designed to fulfill the constitution, only they play different parties. The Constitution is destroyed with each conflicting correction to the law, with each court decision that violates constitutional principles, with each anti -constitutional action of power. In this sense, we have not have a constitution for a long time, because we do not have federalism, the separation of powers, a fair court, an independent local self -government, and democracy in general. The authorities are constantly violating our constitutional rights and freedoms. And what else is left there?

But this is not the fault of the Constitution, no matter what defects we find in it. Each power does with the constitution what we ourselves allow it to do. We gave it to the reproach of power thirteen years ago. We did not protect her. Therefore, we have no one to blame, except for ourselves. It is too early for us to change the constitution. First you have to change yourself.


About what remains of the Constitution - read in the material "How the Constitution was buried"

Photos: RIA Novosti