Abstract
Heuristic methodological opportunities of a system analysis in constitutional law research at the current stage of development of scientific thought are significantly underestimated. Meanwhile, examination of social and legal processes through the prism of synergistic provisions allows to identify their new essential features and propose more effective approaches to achieving topical scientific and theoretical objectives. The paper is devoted to the study of the paradigm of constitutional law making as a complex self-organizing system that includes law-making and interpretation and law-making elements. The approach proposed by the author allowed: to consider the mechanisms of textual and non-textual development of the Constitution of the Russian Federation within a uniform category of constitutional law; to identify and justify the phenomenon of constitutional law-making synergy; to trace the merger of the legal stances of the Constitutional Court of the Russian Federation and the norms of the Constitution into a single regulatory complex — an integrative source of constitutional law.
Highlights
Heuristic methodological opportunities of a system analysis in constitutional law research at the current stage of development of scientific thought are significantly underestimated
The paper is devoted to the study of the paradigm of constitutional law making as a complex self-organizing system that includes law-making and interpretation and law-making elements
The approach proposed by the author allowed: to consider the mechanisms of textual and non-textual development of the Constitution of the Russian
Summary
Heuristic methodological opportunities of a system analysis in constitutional law research at the current stage of development of scientific thought are significantly underestimated. Предложенный автором подход позволил: рассмотреть механизмы текстуального и нетекстуального развития Конституции РФ в рамках единой категории конституционного права; выявить и обосновать феномен конституционно-правотворческой синергии; проследить слияние правовых позиций Конституционного Суда РФ и норм Конституции в единый регулятивный комплекс — интегративный источник конституционного права. A System Analysis of the Paradigm of Constitutional Law Making
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