The rule of law as a universal value and the diversity of constitutional identity

Abstract

The article examines scientific approaches to understanding constitutional identity as a modern legal phenomenon and looks at the relationship between identity and constitutional law and constitutionalism. The concepts of “identity of the Constitution” and “constitutional identity” are distinguished and constitutional models of human dignity as elements of constitutional identity are analyzed, which demonstrate a variety of approaches to constitutional regulation and constitutional policy in the field of human rights. The article expounds on the rule of law as a universal value as well as a constitutional and legal concept. The origin of the doctrine of “rule of law” is examined in addition to the theoretical foundations and historical roots of the doctrine as well as the relationship between constitutionalism and the rule of law in modern jurisprudence. The author also considers the following: domestic and international aspects of the rule of law doctrine; its influence on the forms and practice of modern constitutionalism and constitutional identity; the prospects for constitutionalization of the elements of the rule of law and constitutional identity in the context of the formation of constitutionalism of human dignity; the relationship and interdependence of the rule of law and constitutional identity, on the one hand, human dignity and the rule of law, on the other hand; influential factors on the rule of law; constitutional identity and constitutional justice; the extent to which the rule of law can be a universal value in the practice of constitutional justice; the ontological and epistemological elements of cognitive constitutionalism and the rule of law. The difficulties of implementing the ideas and concepts of the rule of law through the practice of constitutional justice are also analyzed. The author concludes that there is a problem of the multiplicity of forms and subjects of constitutional identity. Identity, as well as the rule of law, cannot be built only in categories of exclusivity: both general and specific features are formed in the space of the dialogue of law, history, and culture.