Paradigm of constitutional security: globalization dimension

Abstract

It is indicated that a holistic vision of constitutionalism, designed to understand and explain the science of constitutional law based on certain conceptual principles, which, in turn, are close to a number of basic attitudes and differ in the longevity of their influence is an urgent need of the science of constitutional law itself, a response to its desire to know the nature of its activity , and because of that, myself. A possible variant of such consideration can be a paradigmatic approach, which we will try to apply in general terms within the framework of the study of constitutional security. Attention is drawn to the fact that in jurisprudence the concept of «paradigm» began to be used relatively recently. In our opinion, this is caused by an inadequate understanding of the semantic meaning of this term in relation to legal science. Another reason can be seen in the numerous practice of its inappropriate use in other humanities. In many publications, the same phenomenon, in the same context, is called a paradigm, a concept, an idea, etc. It is noted that the paradigm of constitutionalism is the quintessence of constitutional and legal knowledge, it is at this level that its integrity and interdependence of individual directions and structural components is achieved, as well as the socio-cultural functionality of this field of knowledge is crystallized. From the substantive side, the paradigm of constitutionalism is based on the generalization of the main approaches to the solution of its problem field in all its aspects, with the exception of internal problems of an epistemological nature. Based on the analysis of the research material, it is claimed that the paradigm of constitutional security in the conditions of globalization is a set of ideal fragments of constitutional reality (concepts, values, principles, ideas and practices) that are shared by society at a given stage of state development and form a defined vision of basic values that make up the content of the constitutional order (the object of constitutional security), the purpose of which is to ensure permanent and legal observance and protection of the rights and freedoms of man and citizen, as well as the internal security of the state as a whole.