The Interests in the Constitutional Law of the Democratic People's Republic of Korea and the Interests of Constitutional and Legal Regulation: An Estological Study

Abstract

The article contains the final materials of a comprehensive study conducted by the author in the field of the concept of constitutional and legal regulation in the Democratic People›s Republic of Korea using the latest author›s methodology and research technology (estological analysis of constitutional and legal regulation). The paper proposes a differentiated approach to the definition of system-structural and functional characteristics of interests in the constitutional law of the DPRK by subjects and objects. In addition to monitoring the subjects, owners of interests and objects of interest, the study attempts to state the patterns of existence of the interests of constitutional law and the interests of constitutional and legal regulation, as an independent social phenomenon. When conducting an estological study of the form and content of positive constitutional law, its legal and technical features in the state under consideration, the presence of a phenomenology of the interests of constitutional legal and general legal regulation is revealed. Signs of the interests of legal regulation differ from the political interests of subjects of constitutional law. These signs correspond to the signs of the most positive law and the signs of the mechanism of state power of the DPRK. The generalized materials allow us to consider constitutional values and anti-values in relation to each other, defining the interests of positive constitutional law, legal features of the development of the political system of the Democratic People's Republic of Korea, the mechanism of state power and objective signs of the mechanism and process of legal regulation in the state in question. When conducting an estological study, the presence of a phenomenology of the interests of constitutional and legal and legal regulation, corresponding to the signs of positive law and the mechanism of state power, is revealed. Signs of positive law determine the specifics of legal regulation and determine the features of the functioning of the mechanism of state power. The subjects and their interests, legalized in constitutional law, individualize the specifics of the objective legal and administrative reality of the Democratic People's Republic of Korea, defining its unique outlines and manifestations.