The Science of Constitutional Law in the System of Other Sciences
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The Science of Constitutional Law in the System of Other Sciences
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Valeriy Lazarev 
Occupation: Dr. Sci. (Law), Prof., Chief Researcher, Institute of Legislation and Comparative Law under the Government of the Russian Federation
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Edition
Pages
5-18
Abstract

The article puts forward a prescriptive hypothesis, according to which the complex of legal sciences is based on synergetic rhizomorphic spheres that inherently have the creative potentialfrom the need for procedural mediation of the organization and activities of the existing government. This conclusion is associated with an integrative understanding of constitutionalism, conditioned by a broad understanding of the constitution in a threefold aspect: as a real relationship of political forces, an idea of the necessary organization of power, and a written text. From these positions, the thesis is substantiated according to which a full-fledged understanding of constitutional law can only be obtained by considering it in the system of sciences, the subjects of which in one way or another involve legal regulation. Constitutionality as the main category of constitutional law receives meaningful content not only in the system of legal sciences, but also beyond its limits, where social relations included in the subject of a variety of sciences form synergetic rhizomorphic spheres that inherently have the creative potential of self-organization and, accordingly, organization research work towards ensuring the principle of constitutionalism. Therefore, the scientific system of constitutional law cannot be limited to narrow issues of the industry. Focusing attention on specific constitutional legal institutions, constitutional law also takes into account everything that comes from other sciences in characterizing these institutions. And not only from legal ones, but also from others, especially from public ones. A reasonable expansion of the subject of the science of constitutional law does not “erosize” it, but significantly enriches and strengthens it. of self-organization and, accordingly, the organization of scientists’ work. The latter, in civilizational conditions, are guided by the principle of constitutionalism. As a result of its verification, the author’s earlier conclusion is confirmed that constitutionalism, as an idea and then as a practice, developed from the need for procedural mediation of the organization and activities of the existing government. This conclusion is associated with an integrative understanding of constitutionalism, conditioned by a broad understanding of the constitution in a threefold aspect: as a real relationship of political forces, an idea of the necessary organization of power, and a written text. From these positions, the thesis is substantiated according to which a full-fledged understanding of constitutional law can only be obtained by considering it in the system of sciences, the subjects of which in one way or another involve legal regulation. Constitutionality as the main category of constitutional law receives meaningful content not only in the system of legal sciences, but also beyond its limits, where social relations included in the subject of a variety of sciences form synergetic rhizomorphic spheres that inherently have the creative potential of self-organization and, accordingly, organization research work towards ensuring the principle of constitutionalism. Therefore, the scientific system of constitutional law cannot be limited to narrow issues of the industry. Focusing attention on specific constitutional legal institutions, constitutional law also takes into account everything that comes from other sciences in characterizing these institutions. And not only from legal ones, but also from others, especially from public ones. A reasonable expansion of the subject of the science of constitutional law does not “erosize” it, but significantly enriches and strengthens it.

Keywords
constitutional law, legal sciences, social sciences, system of sciences, general and sectoral theories of law, constitutionalism
Date of publication
17.07.2024
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0
Views
40
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References



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