Justice as a fundamental principle of the constitution as a social contract

Abstract

The article examines the issue of the relation between the idea of a social contract and the constitution. It is argued that the constitution is a formalization of the social contract adopted in society. The interrelation of philosophical ideas of good and justice with the ideas of constitutionalism is considered. In the context of international legal order, the ideas of constitutionalism, good and justice is revealed in the context of international space law. The main example for this is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.Modern challenges to the international legal order and international law, which are connected with the full-scale invasion of the Russian Federation into Ukraine, which began on February 24, 2022, lead not only to rethinking the concept of collective security but also to the restructuring of national legal orders, which were the result of a social contract in each a separate state. Moreover, acquisition by states in the 17th-century subjectivity led to their creation of a regional, and then in the 20th century. - international legal order. In a certain sense, the legal order created and agreed upon by them is a certain social contract, the subjects of which, in contrast to the classical understanding of the concept of a social contract, are states, not people. Therefore, Russian aggression against Ukraine, both existentially and in international legal terms, should be considered as an attempt by the aggressor state in an uncivilized way to revise or even break the social contract "agreed upon" by the states.Against this background, the formation of a new legal culture (especially for Ukrainian society) requires the state, society, and every individual to rethink the system of values and those life-leading ideals that guided these subjects in their actions, to achieve what they built their strategies. As Friedrich Hayek noted, for the formation of a common order, it is necessary that in known situations everyone follows certain rules, that is, that everyone's actions do not go beyond a certain range of behavior. Therefore, both for social theory and for social policy, the question of what properties the rules should have so that individual actions of individuals generate a general order is of crucial importance. Some of these rules will be obeyed by all members of society due to the same understanding of the requirements of the situation. Others will follow spontaneously because they are part of their general cultural tradition. But there will be such rules that will have to be imposed, because although it will be profitable for everyone to ignore them, the general order, on which the success of actions depends, will arise only if these rules are followed.