Constitutional Law and Teleology: Subject Matter and Method of Meta-Discipline, Scope of Constitutionalization and Interdisciplinary Harmonization

Abstract

This paper discusses the problems of identifying constitutional law as a meta-discipline, the scope of the subject and method in intersiciplinary harmonization. The relationship between constitutional law and teleology as a science exploring the purpose and expediency is revealed. The author formulates theoretical foundations of constitutional teleology that forms a request for hierarchy and coordination of constitutional and other legal disciplinary values and interests. Taking into account the existing positions in science, the complex nature of the subject of constitutional law, the expansion of the subject of constitutional and legal regulation under the influence of integration processes and the constitutionalization of the rule of law and branches of Russian law are substantiated. In methodological terms, doctrinal legal constructivism is used to build up the subject of constitutional law. The paper considers scientific approaches to the dialectics of the development of the subject of constitutional law and the reflection of the principles of constitutional universalism and constitutional identity in it. The author proposes to identify traditional and universal, innovative and original social relations in the framework of the subject of constitutional law. Special attention is given to constitutional identity as a necessary element of the meta-discipline, the development of the substantive sphere of constitutional law due to the effect of constitutionalization of the rule of law and branches of Russian law. Traditionalism and narrow approach to the scope of the subject of constitutional law are critically evaluated, new vectors in the development of constitutional law are noted, as well as the most important areas of constitutionalization as new subject areas of constitutional and disciplinary regulation. Within the discussion on the universality of the constitution and constitutional law, the existence of implicit or explicit constitutional issue in every branch of Russian law is stated. These issues are: 1) Classification of the subject matter of the branch as a specific type of subject matter (which can either be directly enshrined in the text of the Constitution of the Russian Federation or derived from the interpretation of its norms). 2) The constitutional powers of public authorities in the field of industry lawmaking, law enforcement and interpretation of industry norms.