Constitutional Hermeneutics as the Art of Searching  for Socially Constructive Regulative Idea

The article looks at contemporary topics of constitutional hermeneutics. Specifically, the author takes it as a premise that the legal system, with the Constitution at its core, is an integral part of the axiological-normative system of the society as a whole, encompassing the entire set of legal as well as other socio-cultural regulators. The Constitution itself is an incredibly complex, multifaceted, and multifunctional document, which serves as a state’s constituent, political, ideological, axiological, and law-shaping essential instrument.

It is acknowledged that the text of the Fundamental Law, in contrast to that of any other piece of legislation, shows a high level of information richness, statutory generality, content-related and semantic abstraction as well as polysemy of some of its provisions, which include philosophical and moral categories, ethical attitudes and worldview, value and legal ideals as well as social representation. In order to perceive the meaning of provisions of the Fundamental Law properly and address the shortcomings of legal regulation, the Constitutional Court uses an extensive methodological instrumentarium of constitutional hermeneutics, covering an intrinsically intertwined set of logical and epistemological, technical legal as well as ethico-axiological approaches.

The conclusion is supported regarding the constitutional hermeneutics as an art of searching for a constitutionally valid and beneficial regulatory idea that meets the highest criteria of a democratic social state governed by the rule of law.

Keywords

Constitution, constitutional values, constitutional hermeneutics, problem of law understanding, regulative idea.

Received

28.05.2024

Publication date

25.06.2024

Cite

GOST	Danilyuk S. Constitutional Hermeneutics as the Art of Searching for Socially Constructive Regulative Idea // Journal of Russian Law – 2023. – Articles_JRP_2023-2024 [Electronic resource]. URL: https://jrp.jes.su/S160565900031064-4-1 (circulation date: 23.07.2024). DOI: 10.61205/S160565900031064-4
MLA	Danilyuk, Stanislav "Constitutional Hermeneutics as the Art of Searching for Socially Constructive Regulative Idea." Journal of Russian Law 0 (2023) DOI: 10.61205/S160565900031064-4
APA	Danilyuk S. (2023). Constitutional Hermeneutics as the Art of Searching for Socially Constructive Regulative Idea. Journal of Russian Law (0) DOI: 10.61205/S160565900031064-4

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