Bokov Yu.A., Vasilyeva E.G. The Principles of Axiological Approach and the Problem of Improving the Constitutional Legislation
Bokov Yuriy Aleksandrovich
Candidate of Juridical Sciences, Associate Professor, Department of Constitutional and Municipal Law
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Vasilyeva Elena Geraldovna
Candidate of Phylosophic Sciences, Associate Professor, Department of Sociology
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article deals with the problems of improving the constitutional law on the basis of development of axiological approach provisions. The vital issues of law-enforcement assessment are revealed in case of the constitutional norms collision. The methodological grounds defining the standard elements of assessment are formulated in the axiological theory. In this regard the article considers the bases for recognition of legitimacy of the constitutional legislation. The various systems of the argument of the constitutional values hierarchy include the principles of formal juridical and formal logical approaches. As a whole, they assume the distinction of absolute and relative legal importance of the constitutional norms. In case of legal collision this approach is insufficient as in the course of decision-making it is necessary to consider both mass social estimates and the real social value of the constitutional norms. In this connecton the article proves the need of justification of the additional principles which have to provide the objectivity of verdicts rendered. The “Communicative legitimacy” serves as condition of forming these principles system. The Communicative legitimacy is based on the methodology of non-classical (post-positivistic) rationality and assumes the development of inter-subjective – valid and conventional – contextual contents of the arguments used in law-enforcement practice. In the Russian law-enforcement practice the “traditional” principles act as the additional principles: judicial constitutionalism, balance of the constitutional values. Besides, the article proves the need of the new principles: public and legal dialogue; public trust; balance of public interests and rights of the personality.
Key words: constitutional values, constitutional principles, legal collision, communicative legitimacy of the legal arguments, the balance of constitutional values, judicial constitutionalism, the principle of socio-legal dialogue.
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