CONSTITUTIONAL LAW-MAKING AS A SOCIAL PRODUCT

• Autor(a) principal: Mukhachev, Igor
• Data de Publicação: 2022
• Outros Autores: Gondarenko, Alexander, Gryaznov, Denis, Kazanovskaya, Julia, Maulenov, Kasym
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2296
• topic: norm of constitutional law; constitution; legislation; system of law; constitutional law-making

The purpose of the study is to investigate the participation of society in the process of constitutional law-making and comprehension of this phenomenon in the modern science of law. The authors used a group of methods to achieve the goal of the study. These methods included classical general scientific methods (dialectical, formal-logical, analysis, synthesis, comparative) and private-scientific method of categorical analysis. Different approaches to the definition of the essence and types of constitutional law-making are disclosed and analyzed. The article expresses the opinion that the scope of the category of “constitutional law-making” is artificially narrowed. Authors examined the correspondence of the popular conception of law-making in general and the conception of constitutional law-making in particular to the objectives of creating a harmonious system of law.  New approaches to the definition of the essence of constitutional law-making are formulated and the conclusion about the need for modernization of the concept of constitutional law-making is made. The authors suggest that the analysis of the content of constitutional-legal phenomena requires the use of different methodologies.