The Representation System as a Complex Institution of Constitutional Law
The representation system is an idea, a theory, a doctrine, a selective practice, a mechanism of the electorate will implementation, the result of the power by the people. It grows out of the developed legal consciousness, legal culture considering the implementation of social laws and regularities. To carry out its functions the system must be professional, honest, just and democratic. First of all it is necessary to outline the priorities of social movement within the constitution concept of the representation system for further regular reform of the state mechanism as a whole. The purpose is to substantiate the establishment of the representation system as an independent complex institution of constitutional law on the basis of theoretical research analysis as well as systematization of normative legal acts. Material and methods. The research theoretical and legal basis is made up by works by Belarusian and Russian legal scientists, materials of comparative legal studies, normative legal acts which regulate the legal status and functioning of representation bodies and other elements of the representation system. The methods of system analysis, legal forecasting, synthesis and modeling were used as basic research tools. Findings and their discussion. The significance and the decisive character of the representation system and the representation power in the system of public power conditions the necessity of a special theoretical substantiation as well as legal fixing of this institution in the corresponding system of law and the legal system. The monitoring of the current law in the field of the whole representation system and representation power in particular indicates that these institutions are missing in the list of the institutions of the system of law and legal system. On the basis of criteria established by legal science the article substantiates the necessity in identifying the quality combination of norms within the constitution branch of law which regulate relations in the sphere of representation. The notions of the representation system, the representation power, the legal institution are analyzed. Conclusion. In the paper conclusions are made about the necessity of identifying and fixing the complex institution of the representation system in the theory of the constitution law; the definition of the notion is presented and the content is revealed. Two basic components of the representation system are singled out: the normative (the formalized), which includes legal norms, normative legal acts, institutions (the simple and the complex), and the functional one which is provided by the works of the representation power bodies which are united by coordinated means and methods, joined by one goal - to represent, express and protect interests of the people.