Essence and Universalization of Constitutional Values in Modern Society

Abstract

Constitutional values are human values recognized and protected by the Constitution of the State as its basic law and at the same time a set of development guidelines. Acting as the core of the legal system, the Constitution and its values are subject to the general process of development of the legal system, at the same time serving as a guide for the development of this system. In the first place, the value of the Constitution itself is predominant in the system of constitutional values, through the prism of the universalization of which it is possible to detect trends in the development of the system of constitutional values. In particular, there is a clear trend towards the universalization of constitutional values in general and the value of the Constitution in particular. Universalization is an objectively determined process of their unification of values through mutual penetration of national legal cultures, formation of supranational legal and international legal communities. The main directions of universalization of the value of the Constitution are manifested in the recognition of the historical authority of the Constitution by humankind. The Constitution is universally perceived as the basic law of society and the state, the social contract, the carrier of the official state ideology, the guardian of the cultural identity of the state-forming people. The universalization is acknowledged in the unification of legal features, the order of adoption and amendment of the Constitution with the active involvement of citizens and their associations in these procedures; in the allocation as an independent institution of constitutional law of the system of fundamental (basic) constitutional principles. The limits of the universalization of constitutional values are rooted in the inadmissibility of the destruction of the historical memory of the people of its cultural identity; mentality and settled environment of the people; the established structure of society and the state, the position of the people and the state in the international community, satisfying their interests.