RUDN Journal of Law (Dec 2015)
Approaches to the definition of «constitutional values» in theory of constitutional law of foreign countries and Russia
Abstract
The article observes approaches to a problem of defining the notion of «constitutional values», that exist in the theory of constitutional law in Russia and foreign countries (Germany, USA). Points out that in German theory of constitutional law there is a concept according to which the Constitution represents an objective hierarchy of values, a document that incorporates the basic value decisions of the founders. And constitutional values themselves are regarded as the ideological basis of the Constitution. Basic concept of fundamental values of the American theory of constitutional and legal thought also discloses. The supporters of this theory claim that constitutional provisions are bound with morality and argue that the Constitution is a certain system of moral values. It indicates the presence of critics of this concept in American literature in view of the fact that the search for moral reasons in the provisions of the Constitution entails giving these standards an abstract nature, which allows law enforcers to see in them not an objective but a subjective sense. Highlights the point of view of Russian experts on the concept of constitutional values. In particular, the author supports the point of view of N.S. Bondar’, who proposes to consider constitutional values as an «extralegal category «, which is both a normative category and a category of morality. It also regards an issue of relationship between the categories of «constitutional values», «constitutional provisions» and «constitutional principles». It argues that constitutional provisions and constitutional principles are the legal form of expression of constitutional values. The latter represent certain ideas, guidelines, ideals that have positive significance for the entire nation and are the foundation, the basis of social and state development.
