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Nesmeyanova S.E. Revisiting the Hierarchy of Constitutional Values

DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.9

Svetlana E. Nesmeyanova, Doctor of Juridical Sciences, Professor of Department of Constitutional Law, Director of the Institute of State and International Law, Ural State Law University, Komsomolskaya St., 21, 620131 Ekaterinburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: the constitution of any state enshrines the recognized as such values needed for the progressive development of the society, but in the theory of constitutional law there are not yet developed common approaches to defining their hierarchies, wherefore, the author of the work sets the aim to identify the issues and possible classification of constitutional values and their hierarchy. Methods: a methodological framework for this study is a set of scientific methods, among which the main place is occupied by the methods of structure, systematicity, analysis and the comparative law method. Results: grounded in the work the author ’s viewpoint is based on the provisions of the constitution of the Russian Federation. On the basis of the legal analysis of constitutional values the author offers to not only classify them, but also to recognize universal benefits provided by the international community, and the values established in the decisions of the bodies of constitutional justice as the constitutional values. Conclusions: the study concluded about the need for developing the theory of constitutional axiology, developing the concept of constitutional values, determining their place in the system of values in general and the role of Constitutional Court of the Russian Federation to en sure the balance of values.

Key words: constitutional values, system of values, criteria of classification of constitutional values, hierarchy of values, balance of constitutional values, the role of the Constitutional Court of the Russian Federation in the development of constitutional values.

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