Founding power in the context of shaping and safeguarding the internal legal sovereignty of the Russian Federation
Year: 2025
Type: article
Abstract: Introduction. The issue of establishing internal sovereignty in the current period holds significant importance for enhancing Russian statehood and engaging with the founding character of state authority. This article offers an interpretation of founding power within the framework of forming and protecting internal legal sovereignty. Existing perspectives on this scholarly problem lack adequate explanation, particularly regarding the theoretical and legal rationale for founding power, i.e., constitutional power, which defines its own conceptual and semantic discourse. In legal scholarship, this conception of founding power in relation to the formation and protection of internal and external legal sovereignty in the Russian Federation possesses distinct features and practical relevance, requiring its own semantic content. On one hand, founding power is differentiated from other forms of authority within the state; on the other hand, it is embedded in the context of the constitutional and legal development of the state as an initiating factor in the constitutionalisation of the political life of society. Importantly, within the analysis of Russian internal legal sovereignty, this opposition facilitates a deeper understanding of the role of founding power in shaping and amending the Constitution. Methods. The research employed materialistic-dialectical, logical, hermeneutical, and formal-dogmatic methods of scientific inquiry. Results. The article uncovers the link between founding power and internal legal sovereignty, originating from the act of state establishment, wherein the sovereign legal action of the people and their sovereign will to create the foundations of the future state system are evident. The founding act assumes a law-generating character, embodying the sovereign will of the people and establishing fundamental legal norms that serve as the basis for the entire legislative system and national law. This enables the conclusion that legal sovereignty as a social phenomenon is clearly demonstrated in the actions of the founding authorities. The author deduces the role of legislation in the formation of the legal system and the rule of law, which aims to harmonise social relations, ensure the observance of human and civil rights and freedoms, and embody the principle of justice.
Author: Lyudmila Podosinnikova
Language: English
Topic: Legal and Policy Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4415201861