Authors |
Occupation: Head of the Department of constitutional and legal studies of the Russian state University of justice Affiliation: Russian State University of Justice
Address: Russian Federation, Moscow
Occupation: Associate Professor of the Constitutional Law Vitruk Department, Russian state University of justice Affiliation: Russian state University of justice
Address: Russian Federation, Moscow
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Abstract | The stated topic can cause a discussion in the legal community. However, it is difficult not to recognize that the Constitution, like a living organism, is a complex legal entity of the integration type, which provides multi-vector development and convergence of all branches of law, and the body of constitutional justice through its activities contributes to its flexible development without changing its literal content. In our view, the phrase "constitutional taxonomy" intuitively should not cause rejection, because based on the understanding of the term "taxonomy" (taxonomy) - how the study on principles and practice of classification and systematization of complex hierarchically-related entities, this methodological framework is the base for understanding the structure of the Constitution, and its interaction with the outgoing from it subsystems of law.
The basic elements of the Constitution are organically arranged in a systemic hierarchy from principles to norms, which in turn are the basis of all hierarchically structured principles and norms of branches of law. Accordingly, the application of the methodology of taxonomy in law can be very productive for understanding the hierarchy of law, the nature of the Constitution - as a normative legal act of supreme legal force, dialectical laws predetermination branches of law constitutional principles and norms.
In this regard, it seems promising for the essential understanding of law to study the characteristics of constitutional principles as basic legal regulators in the hierarchy of constitutional and sect oral legal taxonomy. This article explores the principles of law and the principles enshrined in the Constitution of the Russian Federation in a systemic relationship. The authors indicate the need to develop a new approach to understanding the principles of law. Emphasizing the matured need to create a theory of constitutional taxonomy, in which particular importance should be given to the constitutional principles of law as a dogmatic and sustainable means of legal regulation. Constitutional principles in system interrelation with the constitutional norms form a logical homologous series (from al-Greek. ὅμοιος "such like" + λογος "word, act") of the Constitution.
The focus is on two key aspects of the concept of constitutional taxonomy. The first aspect reveals the hierarchical interdependence of elements in the system of constitutional taxonomy and affects the formal-legal level of analysis. The second basic aspect is to build a system of constitutional taxa output in the plane of real relations. Constitutional principles, acting as an element of legal regulation with a complex structure, are interrelated in their essential purpose and content with the systemically structured constitutional norms (rules). Within the framework of the concept of constitutional taxonomy, the authors propose to consider constitutional principles and norms as two taxa, the relationship and system of which can be more accurately understood from the standpoint of deontic logic, semiotics and homology. In this system, constitutional principles determine the content of constitutional norms and have correspondingly higher legal force. |
Keywords | law, branches of law, principles of law, constitutional principles, constitutional norms, judicial law enforcement, legal regulation, direct action, taxonomy, taxa, merons, constitutional taxonomy, constitutional taxon, constitutional effectiveness, Constitution of the Russian Federation, Constitutional Court of the Russian Federation, European Court of human rights, Supreme Court of the Russian Federation |