DIELECTICAL APPROACH TO THE STUDY OF LEGAL PHENOMENA AND THE PROCESSES USING GENERAL SCIENTIFIC AND PRIVATE-SCIENCE METHODS

Author Name(s): Marina V. Markhgeym, Oksana A. Morozova, Ludmila I. Nikonova, Marina S. Savchenko, Grigory M. Sukhodolsky
Author Email: markheim@bsu.edu.ru

Abstract

The article provides the arguments in favor of interaction inclusion in the category of constitutional principles based on the analysis of doctrinal approaches, international acts and the constitutional texts of Western European countries and CIS countries. The comparison of the approaches of this group of states in the constitutional use of “cooperation” and “interaction” led to the conclusion that they often act as synonyms. At that, only the “cooperation” of states has the status of a formalized principle. It was revealed that the constitutions of the West European states associate interaction with the nonpublic sphere, in the constitutions of the CIS countries – with the state public institutions, which are mainly the functional triad of state power, but not limited by them. Considering that the interaction of the authorities divided by the principle of power separation, provides the unity of state power, we believe it is expedient to recognize the cooperation as a constitutional principle.

Keywords

Constitution, Principles, Cooperation of States, Interaction, The Principle of Interaction, The Head of State, Public Authorities.

Introduction

The principles are attributed to those universal phenomena that characterize different areas of knowledge and continue to be developed by them. As a rule, this principle is treated as a fundamental idea, which is generally a binding one. At that, each science fills in the theory of principles with its own content. A legal doctrine, including its industrial segments, also preserves the non-indifference to principles: new principles [1], new exposition [2] or the content [3] of known principles are proposed, general [4], priority [5] and unwritten [6] principles are substantiated, the potential of constitutional principles in international law is disclosed [7], the principles of legal phenomena and processes are considered [8]. The principles determining the systems of public relation legal coordinates can be determined both by science and practice; they can receive a legal registration or be perceived as an absolute ideal; they can reflect the existing or desired relations. Constitutional and legal science, considers the principles as system-forming elements among other things. In particular, they are presented in the context of constitutional law system [9], the system of constitutional values [10], the system of human rights [11]. According to the traditional understanding of a system as an orderly, integral set of interacting elements, we believe that interaction here claims to be a principle status. This is what we intend to justify by the analysis of international act and constitution provisions of European and CIS countries.

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