Constitutional legal responsibility

Constitutional legal responsibility is one of the qualifying, system-forming features of constitutional law. In modern conditions, this sign acquires special significance and weight. This is due to the nature of economic, political and other processes in the state.

Constitutional rights and duties are enshrined in the articles of the Basic Law. It should be noted that with the development of spheres of public life, there is a need for the formation of new mechanisms that promote the realization of the power of the people. As one of them, the constitutional and legal responsibility. It is an integral part of the social responsibility to be responsible for their actions.

The constitutional guarantees enshrined in the Basic Law reflect the duty of the state to protect the freedoms of citizens of the country. This form of expression of power has much in common with other types of legal duty.

Constitutional legal responsibility has a political nature. This is considered quite natural, in view of the fact that officials representing state power are connected not only with the authorities, but also with the state itself as a whole, its people, politics, the nation. This provision is quite vividly expressed in the sphere of constitutional regulation, in which responsibility assumes greater importance. This is due to the fact that the interests of the subjects of the relevant relations are being implemented in this area. That is why the constitutional and legal responsibility of state bodies or officials has a significant difference from simple legal responsibility.

It should be noted that the sphere in question also possesses several other features. In particular, constitutional responsibility has such features as sanctions and the possibility, if necessary, to use coercion (as an incentive). These features are related to this sphere with other legal branches, presupposing the duty to answer for their actions in accordance with the established legislation.

However, not every legal source contains an indication of the possibility of applying sanctions if necessary.

As another feature, it should be noted the lack of detailed specification. In some normative acts, only the possibility of constitutional responsibility is indicated. For example, in violation of the law on elections, criminal, administrative norms are envisaged. In accordance with these norms, as well as the norms of the constitutional law, responsibility for the revealed violations will be established.

A number of features are determined by the nature and mechanism of the implementation of the relevant norms.

Constitutional responsibility is embodied in two ways: within the framework of a certain constitutional legal relationship and through the norms of other legal spheres. In some cases, there is no need to use other norms. In other situations, constitutional responsibility is intertwined, combined with other forms of legal responsibility. For example, a deputy for the commission of a criminal offense will be punished in accordance with state and criminal norms.

The constitutional responsibility is presented in the form of a retrospective (for the past) and positive responsibility. In the second case, they speak about the proper performance of their duties, accountability, legal competence. Thus, the responsible attitude of the body or official to their authority is manifested. Positive responsibility is a priority in the sphere of constitutional relations.