Constitutional Law in the Context of Legal Culture
Table of contents
Share
QR
Metrics
Constitutional Law in the Context of Legal Culture
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Alexander Postnikov 
Occupation: Dr. Sci. (Law), Prof., Honored Scientist of the Russian Federation, Head of the Department of Constitutional Law, ILCL
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Pages
42-53
Abstract

Constitutional law and legal culture are fundamental and, at the same time, interdependent elements of the legal system of a state. The relevance of research on the development of constitutional law in the context of legal culture is dictated not only by the needs of developing the theory and doctrine of constitutional law but also by contemporary legislative practice and law enforcement, within which a utilitarian approach often prevails. According to this approach, when determining the priorities of legal regulation and the state's legal policy, the goals and tasks that do not sufficiently take into account the achievements and the general level of legal culture of Russian society are placed at the forefront. Meanwhile, legal culture largely shapes the communication for effective interaction between the state and the citizen, civil society institutions. It is the starting environment in which constitutional law ideas are born and developed. At the same time, legal culture significantly determines how these ideas are implemented, as well as specific norms of constitutional law. Such close connections between constitutional law and legal culture direct the analysis of constitutional law in a broad sense as a phenomenon that includes not only the norms and institutions of constitutional law but also the objectified constitutional law culture. Research in this direction also allows us to identify that violation of the specified interrelations has negative consequences for the development and functioning of the legal state model in our country.

Keywords
constitution, rule of law, constitutional law, constitutional values, legal culture, political culture, legal status of the individual, digital environment
Date of publication
22.08.2024
Number of purchasers
0
Views
23
Readers community rating
0.0 (0 votes)
Cite Download pdf 100 RUB / 1.0 SU

To download PDF you should pay the subscribtion

Full text is available to subscribers only
Subscribe right now
Only article and additional services
Whole issue and additional services
All issues and additional services for 2024

References



Additional sources and materials

1. Alekseev S. S. Voskhozhdenie k pravu. Poiski i resheniya. 2nd ed. Moscow, 2002. 
2. Kovachev D. A. Problems of constitutional law. Moscow, 2003. (In Russ.) 
3. Semitko A. P. Razvitie pravovoy kul'tury kak pravovoy progress (problemy teorii i metodologii). Dr. diss. thesis. Ekaterinburg, 1996. 
4. Aznagulova G. M. Legal Culture as a Functional System. Journal of Russian Law, 2024, vol. 28, no. 3, pp. 5—17. (In Russ.) DOI: 10.61205/jrp.2024.3.1. 
5. Postnikov A. E. On Constitutional Legal Method of Regulation. Journal of Russian Law, 2012, no. 12, pp. 32—38. (In Russ.) 
6. Khabrieva T. Y. (ed.). Chronicle of the Russian Legal Science. Vol. 4. Moscow, 2023. (In Russ.) 
7. Mamut L. S. Sovremennaya rossiyskaya gosudarstvennost' i kul'tura demokratii. Gosudarstvo i pravo, 2009, no. 1. 
8. Postnikov A. E., Andrichenko L. V. (eds). The Public Authority Arrangement Reform: Basic Directions of Effecting. Moscow, 2022, 200 p. (In Russ.) 
9. Postnikov A. E. The Evolution of Elections in Russia in the Context of Implementation of Constitutional Principles. Journal of Russian Law, 2019, no. 5, pp. 21—30. (In Russ.) DOI: 10.12737/ art_2019_5_2. 
10. Postnikov A. E. (ed.). The legal status of a person and a citizen in a changing world. Moscow, 2023. 248 p. (In Russ.) 
11. Postnikov A. E. Constitutional Model of the Russian Political System in the Context of the Development of “Digital Society”. Journal of Russian Law, 2020, no. 5, pp. 38—49. (In Russ.) DOI: 10.12737/jrl.2020.053. 
12. Khabrieva T. Y., Klishas A. A. Thematic commentary to the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities”. Moscow, 2021. 240 p. (In Russ.)

Comments

No posts found

Write a review
Translate