Real and Formal Legal Possibilities in Constitutional Norms

Abstract

The philosophical-legal category "legal possibility" concerning legal norms can be considered from the perspective of the possibility of creating legal norms or lawmaking, from the perspective of the legal possibility of realization of legal norms, as well as from the perspective of the legal norms themselves or their content. Taking these aspects into account, the author especially emphasizes the importance of theoretical analysis of legal possibilities in constitutional norms of law, since it is difficult to overestimate the role of the Constitution, as the fundamental law, in the legislative system, as well as in the life of the state and society. Examining the concept or category of "legal possibility" in the constitutional norms of law, the author, using examples of articles, provisions, or principles laid down in the Constitution of the Republic of Armenia, identifies real and formal legal possibilities and conducts an analysis of objective and subjective factors (the interrelation of legal and social reality, the law-making activities of legislative bodies, the behavior of subjects of law, etc.) for transforming the formal possibilities of constitutional norms into real legal possibilities. According to the conclusion presented in the article, the analysis of real and formal legal possibilities in constitutional norms has important methodological significance, as it examines and identifies the legal prerequisites. This enables a deep understanding of the structure of the effective realization of constitutional norms, which is one of the pressing issues in lawmaking activities, also holds significant importance in law implementation practice.