CONSTITUTIONAL APPROACHES IN THE THEORY OF ETHNO-RELIGIOUS CONFLICTS

A. A. Liverovskiy

Abstract


the article discusses the issues of compatibility of the constitution's provisions with the legal regimes of ethno-religious communities living on the territory of the state. The introduced concept of ethno-religious regime is based on scientific developments of G. G. Harutyunyan about constitutional culture as a developing basis of national state-hood. In European states, it is possible to diagnose the historically justified existence of monoethnic communities with ethno-religious regimes, different levels of constitutional culture, autonomous in relation to the legislative regime of these states. For the Russian Federation, these are small-numbered indigenous peoples and ethnic communities of the North Caucasus. The state predominance of the titular constitutional culture, characteristic of national or religious states, should not exclude the existence and development on its territory of constitutional cultures having a different ethno-religious basis. Otherwise, the conflict potential and almost insurmountable social tension arises in the state and in case of weaknesses of state power leading to tragic cataclysms. One of the most striking examples of such events is the genocide of the Armenian community living on the territory of the Ottoman Empire at the beginning of the 20th century. To resolve the problem of joint conflict-free living of ethnoreligious communities on the territory of an already existing state, it is necessary to create legal conditions for preserving constitutional cultures that do not coincide with the title one. Moreover, if the ethno-religious foundations of «small» constitutional cultures induce special legal regimes, then the harmonious coexistence of legal systems requires constitutional regulation of federal relations proceeding, in this case, from a special understanding of the principle of federalism. The proposed concept of extraterritorial federalism developed based on the idea of «translating» the traditional law of ethno-religious communities into the state constitution allows creating a theoretical construction and pointing out the possibility of its practical implementation aimed at preventing inter-ethnic and inter-confessional conflicts.

Keywords


ethno-religious communities; constitutional culture; extraterritorial federalism; constitutionalism

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