‘‘At any moment the State is more the official guardian than the maker of the law. Its chief task is to uphold the rule of law, and this implies that it is itself also the subject of law, that it is bound in the system of legal values which it maintence.’’ (See: R.M. Mac Iver: ‘‘The Modern State" p. 478) Laski, while mainly accepting this rather negative approach, reminiscent of 19th century Liberalism, would accord the State a much more positive role in the interests not only of social order but also of socio-economic engineering and progress. 561. Marxists, who saw in the State and its laws and all institutions supporting an existing social order, the means of oppression and exploitation of the mass of the people dreamt of the ‘‘withering away’’ of the State with its claims to ‘Sovereignty’. But, the Russian Revolution was followed by the vastly increased power of the State run for the benefit of the proletariat. Nevertheless, the Constitution of the U.S.S.R. guarantees to citizens not merely fundamental rights, including the right to work, but has a special department of the Procurator General to enforce due observance of legality, according to the law of the Constitution, by all the functionaries of State. Article 104 of their Constitution reads: "104. The Supreme Court of the U. S. S. R. is the highest judicial organ. The Supreme Court of the U. S. S. R. is charged with the supervision of the judicial activities of all the judicial organs of the U. S. S. R. and of the Union Republic within the limits established by law." (See : A denisov, M. Kirichenko, Soviet State-Law p. 400) 562. It is true that legality is enforced in the U. S. S. R. not merely through the organs of the State but the vigilance of the Communist Party which consists of selected persons keeping a watch on the policy of the State. A. Y. Vyshinski, however, explained (See : Fundamental Tasks of Soviet Law 1938) that Soviet "law can no more be reduced simple to policy than cause can be identified with effect". Strict observance of "Socialist Legality", under the supremacy of the Constitution, is entrusted to the care of the State, with its three organs, the Communist Party and the people of the U. S. S. R. (See : "The Soviet Legal System" by M/s. John N. Howard and Issac Shapiro). Although, Article 15 of the Constitution of the U. S. S. R. speaks of the "Sovereignty" and "Sovereign Rights" of the Union Republics, yet, it is made clear that these Republics function subject to the supremacy of the Constitution. Hence, the supremacy of the Constitution is a principle recognized by the Constitution of the U. S. S. R. also as operating above and limiting the Sovereignties of the Socialist Republics. 563. Gierke made a wide survey and a penetrating analysis of juristic thinking, upto the end of the 19th century, on sovereignty, derived, on the one hand, from theories of the sovereignty of the Ruler, and, on the other, from theories of popular sovereignty. He observed : (See: "Natural Law and

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