Philosophy of legal support of political choice: theoretical and methodological context

Abstract

For the determining the configuration of a content of the philosophy of political choice in the context of its legal regulation, it is necessary first of all to take in consideration the direct connection of the phenomenon of political choice (and accordingly the procedure of elections) with a certain type of political system existing in the state. If the basis of the political structure of the state is totalitarianism or oligarchy, then the legal culture in it will be controlled and characterized by numerous violations of human rights and freedoms. The political choice in totalitarian systems is actually nullified as the elections become a tool for the realization of the domination of a certain political force, under the strict control of the party and state bodies. Accordingly, the opposition has no opportunity to participate in the elections and express their views. This eliminates the alternative as a necessary condition for real political choice. The dissident movements may become the most important manifestation of political choice, opposition to the ruling regime in a totalitarian society. The definition of theoretical and methodological foundations of study of the philosophy of political choice which involves a comprehensive description of this phenomenon is considered. Political choice in the modern age was the object of studying political science, which offered a number of research approaches to its essence: sociological, socio-psychological, rational-behavioral. Problems of the philosophy of political choice in the context of its legal regulation cover the institutional, legislative, regulatory and legal problems of political choice. The difference in the solution of these problems in totalitarian, authoritarian, democratic, and political systems makes it possible to determine a certain configuration of the content of a political choice, depending on the specific conditions. The main criteria of such configuration are the legal culture and legal mentality, the establishment of which forms the basis for the functioning of the constitutional state institutions. One can be affirmed that beyond the limits of legal regulation, the political choice loses the real meaning and meaningfulness