Вестник Кемеровского государственного университета. Серия: гуманитарные и общественные науки (Aug 2024)
Legal Traditions and Values as a Subject of Constitutional and Legal Research: Methodological Aspects
Abstract
Legal traditions and values are an important area of constitutional and legal studies. They affect legislation, law enforcement, and provision of human rights. This study explores the role and significance of legal traditions and values in constitutional legal systems. The author analyzed historical, social, and cultural foundations of their development, as well as their impact on legal norms and institutions, especially on constitutional principles and norms. The article offers an improved definition of the concepts of legal tradition and legal value based on a comprehensive review of scientific publications. The review made it possible to trace the evolution of legal traditions and values in the history of legal systems. The results revealed the role of legal traditions and values in ensuring social justice, legality, and sustainability. However, the effect of legal traditions and values on the governmental legal systems requires further research. This article may offer some useful insight to constitutional law researchers and practitioners who are interested in the relationship between legal traditions and values and constitutional processes. It emphasizes the importance of maintaining the balance between the preservation of legal traditions and the need to adapt to new social and cultural conditions.
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