Methodology of Сonstructivism in the Сonstitutional Arrangement of the State and Society

Abstract

Objective: to study the methodology of constructivism in the constitutional arrangement of the state and society.Methods: dialectical approach to the cognition of social phenomena, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.Results: construction is a structure, mutual arrangement of the parts of something. Law is a systemic product, therefore constructivism is inherently and organically present in law in any of its known forms. The possibilities of constructivism manifest themselves especially vividly in legislation and make themselves felt the more abstractly, the more generally the will of the state is expressed. It is this feature that is characteristic for constitutional texts. The Constitution, as a written document, has all the signs and properties of a social structure. First, it is the product of rational activity of people pursuing well-defined goals. Second, it has a certain structure characterized by “constructionality”. Third, being a reflection and consolidation of the actual material, cultural and legal level, it enables to see not only the possibilities of cognition and interpretation of the will of power enshrined in it, but also the prospects for the effective use of relevant norms and institutions. Fourth, technically building the normative material and the system of mutual relations of the subjects of constitutional and legal communication, the Constitution is the optimal construction at the time of creation of their balanced rights, duties, and responsibilities. Moreover, while at the time of the birth of constitutions limiting state power was considered the primary task, the modern realities show the need for such restrictions in relation to citizens and civil associations.Scientific novelty: the paper substantiates the conclusion that a constructive approach organizes the cognition of the ongoing constitutional reforms in the direction of identifying the functional capabilities inherent in the Constitution of the Russian Federation, and in practical terms enables to most optimally – clearly, economically, systematically – implement the will of the state (sovereign people’s will) in all areas of social development.Practical significance: the conclusions and provisions of the article can be used in scientific, legislative and law enforcement activities, the educational process of educational institutions of higher education.

Keywords

• constitutional law, construction, constructivism, constitution, constitutionalism, law, duty, public authority