The concept of political struggle in constitutional law
Abstract
The subject of research is the political struggle in its constitutional and legal survey.The purpose of research is to identify the legal nature and formulate the concept of political struggle in constitutional law, as well as to determine its attributes and properties, features of the object, goals, objectives and subjects in accordance with doctrinal provisions and domestic law enforcement practice.The research methods. To gain the results of the research the interdisciplinary approach, formal-legal method, as well as the method of system analysis of legal phenomena and interpretation of legal norms are applied.The main results. The significance of the phenomenon of political struggle in a democratic state to ensure the solution of problems of legalization and legitimation of state power, as well as the principle effect of its replaceability is substantiated. The political struggle occurs inside the state and has a direct impact on it, and so, predetermines the consolidation of constitutional principles and limits of its implementation in the Basic Law of the state. The main constitutional and legal features of the political struggle in the Russian Federation are its open and legal nature, its principles of equality and political pluralism, the special parties involved in political activity, the existence of a special goal and legal means to achieve it. The constitutional and legal limits of the political struggle are presented in article 3 of the Constitution of the Russian Federation. By means of comparison with correlating legal concepts and categories of the conflict, competition, opposition, activity and process, it is determined that the political struggle should be attributed to the legal process in its broad sense according to formal-legal characteristics. A detailed characterization of the stages of the political struggle is given on the basis of the peculiarities of its object, goals, objectives and participants. The formulated theoretical framework is critical for effective law enforcement in the electoral and parliamentary processes.Conclusion. The political struggle in the constitutional law should be defined as an open and legal domestic process, including a system of constitutional and legal relations associated with obtaining and preserving the state (municipal) power, as well as with the exercise of authoritative powers by the legislative (representative) body centered around the principles of equality and political pluralism, also intended to ensure the legalization, legitimation and replaceability of state (municipal) power.
Fields of Study & Subjects
Law and Political Science
Legal and Policy Issues
Comparative constitutional jurisprudence studies
Publication details
- Journal / source
- Law Enforcement Review
- Volume
- 9
- Issue
- 4
- Pages
- 68–77
- Publication date
- 9 January 2026
- Language
- RU