The Constitution of a Federation Subject as a Reflection of Its State Mechanism in the Conditions of an Information Society

Abstract

The article analyzes the changes taking place in the study of the state (political science) in connection with the formation and further development of the information society. One of the directions of such changes is further changes in the political system of society. The article examines changes in the main element of this system - the state - due to the processes of federalization in the world. at is, the formation of new federal states either by uniting several - two or more - independent states into a new federal state or transforming currently existing unitary states into federal ones. It is noted that the processes of federalization entail the problem of the state's adaptation to them in the form of a change in the meaning of the term "state" itself. If in the previous era this term covered only states - subjects of international law, then the new - information - era has significantly expanded the scope of its use by including here also the subject of a federal state (federation). The subject of the federation is characterized in the article as an independent subject of law, the source of power of the federal state. And therefore - as a state. A state, although not independent (it is part of a larger - federal - state) and not fully sovereign (its sovereignty is limited by the sovereignty of the federation), but still a state with its own competence, bodies and officials of state - legislative, executive and judicial - power, symbols. The legal status of a subject of the federation as a state is recognized and determined by the federal constitution. the constitution of the subject of the federation and international law (meaning the recognition of the ability of the subject of the federation to carry out international relations within the framework of the foreign policy of the federal state). The article proposes the term "component state of the federation" to define the political and legal status of a subject of the federation. Therefore, of fundamental importance for the scientific study of a subject of the federation by scientists - political scientists is its constitution. That is, the Basic Law of the state, which fixes socio-political relations in society and reflects the mechanism of the state. The mechanism of the state is considered as a system consisting of the following three elements: a) the state apparatus (bureaucracy); b) the participation of citizens in the management of state affairs; c) communication (primarily electronic) between citizens and the state. This interpretation of the concept of “mechanism of the state” is associated with the changes that the information society brings to the functioning of the state as a political institution. Using the example of the Constitution of the Province of Tierra del Fuego, Antarctica and the South Atlantic Islands within the Argentine Republic of May 17, 1991, the phenomena that directly affect the effectiveness of the state mechanism of the subject of the federation are analyzed. Namely: issues regarding the sovereignty of the subject of the federation, the distribution of powers of the federal government and the power of the subjects of the federation, the administrative institutions of the subject of the federation. It is noted that further research in this direction is a relevant and necessary scientific search.