К вопросу о конституционном правотворчестве Верховного суда США в историко-правовом контексте

Abstract

The article examines the main aspects of law-making carried out by the Supreme Court of the United States through the formation of constitutional doctrines. The relevance of the work is due to the fact that the study of issues related to the development of American constitutional law from the point of view of the contribution of judicial law-making can be useful in solving multidimensional problems of law-making and law enforcement of various states, including the Russian Federation, despite the lack of a unified approach. The author, using the historical and system-structural method, reveals fundamental approaches to the creation and amendment of the US Constitution, carries out a theoretical analysis of the main mechanisms of the development of the US Constitution, which occurs through the interpretation of its provisions by the Supreme Court, after which they (provisions) without formal change acquire special legal significance in the modern socio-legal sense. Reveals the mechanisms of the formation of a ‘living’ constitution, conditioned by the interpretations of the Supreme Court of the United States, as elements of law-making. States that the phenomenon of lawmaking of the Supreme Court in the United States is due to legal convergence, and is not limited exclusively to interpretations and interpretations within the framework of doctrines, but is directly related to precedents in court decisions. Concludes that the US Supreme Court plays a huge role in the development of constitutional provisions, despite the fact that lawmaking is not officially defined by its main function.