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On the Integrative Understanding of Constitutionalism
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On the Integrative Understanding of Constitutionalism
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.050
Publication type
Article
Status
Published
Authors
Valeriy Lazarev 
ORCID: 0000-0003-0910-0609
Occupation: Chief Researcher
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 5
Pages
39-53
Abstract

The article deals with a narrow, methodologically important, but unexplored aspect of constitutionalism, which makes it possible to evaluate its multidimensional and complex integrative perception of the constitution and constitutionalism. Appropriate definitions are proposed, connections between system elements are established, and the necessary characteristics are given for the possibility of their practical use. The author proceeds from the fact that constitutionalism is a phenomenon of law and any of its characteristics depends on the understanding of law; constitutionalism is a phenomenon derived from the understanding of the constitution, and this is one of the starting points of its characteristics. Practically like any phenomenon that finds its expression in the concept, constitutionalism can be considered narrowly and broadly. Science cannot limit itself to a narrow understanding of constitutionalism and must always define its pragmatic service. Constitutionalism as an idea and then as a practice developed from the need for procedural mediation of the organization and activity of the existing government. To bind (restrict) power is one of the goals, but not the only one and, as it turned out, not the most important one; constitutionalism presupposes the free and creative exercise of power — any, not only state.

The integrative understanding of constitutionalism is conditioned by a broad understanding of the constitution in a threefold aspect: as a real correlation of political forces, as an idea of the necessary organization of power, and as a written text. The author examines constitutionalism in the light of existing theories of law. The integrativism of constitutionalism rejects the linear arithmetic view. As a state-legal institution, constitutionalism is a contradictory unity of normative and institutional acts following the legitimate image of the constitution.

Keywords
law, constitution, state structure, separation of powers, rule of law, democracy, postmodernism, judicial constitutionalism
Date of publication
12.05.2023
Number of purchasers
12
Views
158
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0.0 (0 votes)
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