Constitutional Proportionality in the Post-Non-Classical Scientific Paradigm and Modern Practice.

Abstract

This article reveals the concept of proportionality in constitutional law based on the methodology of modern post-non-classical jurisprudence. Constitutional proportionality is considered in conjunction with constitutional identity and justice and is interpreted as a basis of legal co-evolution. It is noted that proportionality, imbued with moral content, presupposes finding a balance between universal principles and national values, collective and individual rights, and uniform constitutional standards and state sovereignty. With regard to constitutional law, the content of the proportionality principle is constitutional values in their practical implementation. At the same time, proportionality implies finding a balance between national and universal values as a condition for the harmonious development of the legal system. Universal values and foreign norms can gain the right to exist in the Russian legal system if they successfully pass the constitutional filter and will be recognized as not contradicting the Russian Constitution and its basic provisions. Therefore, it is necessary to develop an effective system for assessing foreign norms, decisions, and approaches, which will be based on the need to preserve national identity.