Проблемы верификации конституционных норм

Abstract

Authors by means of modern formal logic offer a new original interpretation of the nature of the constitution in general and constitutional norms, in particular. Authors prove that the analysis of legal norms if it has to be considered as valid is based on the following presuppositions: effectiveness, hierarchy, reality. The key point of the article is a comparison of the constitutional text with fictional fairy tale story. The authors interpret the character and nature of the constitutional norms by illustrating they conclusions on the example of an immersion of four logical forms of categorical propositions (universal affirmative — A, universal negative — E, particular affirmative — I, particular negative — O) in predicate logic, described in Herbert Hart’s article “A Logician’s Fairy Tale” (1951). The authors articulate that the Constitution can be compared with the axiomatic system in the modern science only in the sense that is given in research on logic and methodology of deductive sciences. The main problems with verification of constitutional norms arise because of their correlation with the facts so complex that sometimes this relationship is not so simple to establish. This approach allowed the authors to prove that, in fact, constitutional norms are contextual definitions of general concepts by which particular rules of the legal system are formulating.