TY - JOUR

T1 - Коммуникативный конституционализм и конституционная мобилизация в современной доктрине и практике: теоретические, методологические и сравнительно-правовые аспекты

AU - Kravets, Igor

N1 - Кравец, И. А. Коммуникативный конституционализм и конституционная мобилизация в современной доктрине и практике: теоретические, методологические и сравнительно-правовые аспекты / И. А. Кравец // Вестник Томского государственного университета. – 2023. – № 494. – С. 224-238. – DOI 10.17223/15617793/494/24. – EDN PLRMQG.

PY - 2023/12/15

Y1 - 2023/12/15

N2 - The article discusses the nature and purpose of communicative constitutionalism, epistemological, axiological and communicative foundations of constitutional mobilization, the problem of constitutional forecasting and scientific validity of constitutional reform as a public legal phenomenon; reveals scientific discussions and controversial aspects of constitutional communication in the public legal space based on Russian and international research, practice of comparative constitutional change and implementation of constitutional reform within national jurisdiction. The author reveals the theoretical, legal, domestic, comparative and international foundations of communicative constitutionalism; notes the problem of the legal regulation and the creation of state legal guarantees for the participation of citizens, their associations in the processes of constitutional development, constitutional communication and constitutional mobilization. The author believes that the doctrine of communicative constitutionalism is based on a number of values that are already enshrined in the Russian Constitution, but require an adaptive approach in terms of the use of legal and information technologies and technologies for the participation of citizens and their associations in the processes of constitutional development and constitutional changes. These values include the values of democratic participation, public debate and political decision-making after full discussion, disavowal of secret decisions or forms of their adoption if such decisions do not relate to issues of national, public or personal security; use of the institution of public and scientific opinion for the purpose of identifying the scientific basis and social significance of the decisions being discussed and made in the constitutional sphere. The author examines the scientific discussion about communicative constitutionalism, the relationship between the ideas of deliberative participation and democracy and the technological achievements of the information and algorithmic society, and about the integration of constitutional law, legal communication and forms of democracy. Particular attention is paid to the analysis of models of constitutional mobilization in the modern world, especially based on the experience of Ireland, Iceland, Russia. The author reveals constitutional crowdsourcing as the latest model, which combines traditional and new information and digital technologies, forms of imperative and deliberative democracy and creates conditions for the emergence of new forms of expression of popular constituents. The author uses deliberative and epistemological approaches, methods of dialectical materialism, critical research in the field of law, formal legal, concrete historical, comparative constitutional legal and complex analysis, as well as the method of constitutional design. The author declares no conflicts of interests.

AB - The article discusses the nature and purpose of communicative constitutionalism, epistemological, axiological and communicative foundations of constitutional mobilization, the problem of constitutional forecasting and scientific validity of constitutional reform as a public legal phenomenon; reveals scientific discussions and controversial aspects of constitutional communication in the public legal space based on Russian and international research, practice of comparative constitutional change and implementation of constitutional reform within national jurisdiction. The author reveals the theoretical, legal, domestic, comparative and international foundations of communicative constitutionalism; notes the problem of the legal regulation and the creation of state legal guarantees for the participation of citizens, their associations in the processes of constitutional development, constitutional communication and constitutional mobilization. The author believes that the doctrine of communicative constitutionalism is based on a number of values that are already enshrined in the Russian Constitution, but require an adaptive approach in terms of the use of legal and information technologies and technologies for the participation of citizens and their associations in the processes of constitutional development and constitutional changes. These values include the values of democratic participation, public debate and political decision-making after full discussion, disavowal of secret decisions or forms of their adoption if such decisions do not relate to issues of national, public or personal security; use of the institution of public and scientific opinion for the purpose of identifying the scientific basis and social significance of the decisions being discussed and made in the constitutional sphere. The author examines the scientific discussion about communicative constitutionalism, the relationship between the ideas of deliberative participation and democracy and the technological achievements of the information and algorithmic society, and about the integration of constitutional law, legal communication and forms of democracy. Particular attention is paid to the analysis of models of constitutional mobilization in the modern world, especially based on the experience of Ireland, Iceland, Russia. The author reveals constitutional crowdsourcing as the latest model, which combines traditional and new information and digital technologies, forms of imperative and deliberative democracy and creates conditions for the emergence of new forms of expression of popular constituents. The author uses deliberative and epistemological approaches, methods of dialectical materialism, critical research in the field of law, formal legal, concrete historical, comparative constitutional legal and complex analysis, as well as the method of constitutional design. The author declares no conflicts of interests.

U2 - 10.17223/15617793/494/24

DO - 10.17223/15617793/494/24

M3 - статья

SP - 224

EP - 238

JO - Вестник Томского государственного университета

JF - Вестник Томского государственного университета

SN - 1561-7793

IS - 494

ER -