TY - JOUR

T1 - Teleological Constitutionalism, Constitutional Identity and Public Order (Scientific Knowledge, Russian, Comparative and International Context)

AU - Kravets, Igor A.

N1 - Кравец И.А. Телеологический конституционализм, конституционная идентичность и публичный правопорядок (научное знание, российский, сравнительный и международный контексты) // Вестник Томского государственного университета. - 2019. - № 439. - С. 202-215

PY - 2019/2

Y1 - 2019/2

N2 - The article considers the etymology of the word "teleology", its meaning in philosophy, knowledge management, history of ideas and biophilosophy, law and constitutionalism. The teleological principle is considered as a necessary ontological prerequisite for understanding reality in general, and legal reality in particular. The author explores the theoretical foundations of teleological constitutionalism as a legal phenomenon, the interrelationship of teleology, modern constitution and constitutionalism in modern science of constitutional law, the ratio of the methodological, normative foundations of teleological constitutionalism, as well as questions of the goals of developing and improving Russian constitutionalism in political and legal practice. The author discusses the scientific approaches to understanding the nature and characteristics of Russian, comparative constitutionalism in the scientific works of Russian and foreign researchers. The article analyzes the problem of psychological constitutionalism, which forms a request for the promotion of public interest in the activities of public authorities in the state. This article substantiates the scientific and legal-political significance of the matrix of constitutional goals and values in Russia, examines the influence of teleology and axiology on the formation of a constitutional matrix of goals and values of the development of the state and society. The author believes that it is necessary to take into account Russia's participation in international and European integration, the practice of official interpretation by the Constitutional Court of the Russian Federation of the provisions of the Constitution on the foundations of the constitutional system, the principles of Russian constitutionalism, fundamental rights and freedoms, duties of a person and citizen in constitutional and European space. Such a matrix can be created with mandatory reliance on the ideology of Russian constitutionalism and the constitutional identity of the Russian state and society, the constitutional principles of legal order. The article uses the methods of comparative and system analysis, the method of constitutional design, concrete historical and formal legal methods of analysis. The article identifies the difficulties and shortcomings of Russian constitutionalism, formulates some directions and proposals for the development and improvement of constitutionalism. Particular attention is paid to the analysis of the constitution as an environment for legal innovation, public morality and constitutional identity. The study analyzes the theoretical foundations and comparative experience of constitutional identity, the problem of interpreting the constitution from the standpoint of progressive and actualized development in the context of ensuring not only the interests of the state and its head, parliament or government, but also citizens and their associations, which should be perceived as a constitutional community participating in the security of the viability of the constitution

AB - The article considers the etymology of the word "teleology", its meaning in philosophy, knowledge management, history of ideas and biophilosophy, law and constitutionalism. The teleological principle is considered as a necessary ontological prerequisite for understanding reality in general, and legal reality in particular. The author explores the theoretical foundations of teleological constitutionalism as a legal phenomenon, the interrelationship of teleology, modern constitution and constitutionalism in modern science of constitutional law, the ratio of the methodological, normative foundations of teleological constitutionalism, as well as questions of the goals of developing and improving Russian constitutionalism in political and legal practice. The author discusses the scientific approaches to understanding the nature and characteristics of Russian, comparative constitutionalism in the scientific works of Russian and foreign researchers. The article analyzes the problem of psychological constitutionalism, which forms a request for the promotion of public interest in the activities of public authorities in the state. This article substantiates the scientific and legal-political significance of the matrix of constitutional goals and values in Russia, examines the influence of teleology and axiology on the formation of a constitutional matrix of goals and values of the development of the state and society. The author believes that it is necessary to take into account Russia's participation in international and European integration, the practice of official interpretation by the Constitutional Court of the Russian Federation of the provisions of the Constitution on the foundations of the constitutional system, the principles of Russian constitutionalism, fundamental rights and freedoms, duties of a person and citizen in constitutional and European space. Such a matrix can be created with mandatory reliance on the ideology of Russian constitutionalism and the constitutional identity of the Russian state and society, the constitutional principles of legal order. The article uses the methods of comparative and system analysis, the method of constitutional design, concrete historical and formal legal methods of analysis. The article identifies the difficulties and shortcomings of Russian constitutionalism, formulates some directions and proposals for the development and improvement of constitutionalism. Particular attention is paid to the analysis of the constitution as an environment for legal innovation, public morality and constitutional identity. The study analyzes the theoretical foundations and comparative experience of constitutional identity, the problem of interpreting the constitution from the standpoint of progressive and actualized development in the context of ensuring not only the interests of the state and its head, parliament or government, but also citizens and their associations, which should be perceived as a constitutional community participating in the security of the viability of the constitution

KW - teleological constitutionalism

KW - constitutional design

KW - constitutional communication

KW - teleological function of constitution

KW - constitutionality

KW - legal rationality

KW - constitutional identity

KW - constitutional interpretation

KW - DESIGN

KW - RIGHTS

UR - https://www.elibrary.ru/item.asp?id=37275944

U2 - 10.17223/15617793/439/28

DO - 10.17223/15617793/439/28

M3 - Article

SP - 202

EP - 215

JO - Вестник Томского государственного университета

JF - Вестник Томского государственного университета

SN - 1561-7793

IS - 439

ER -