Constitutional legal understanding: historical, theoretical and sectoral aspects

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Abstract

In the context of the constitutional law of Russia, the problem of interpreting the Constitution has traditionally been reduced to different views on it as a written document with a special political and legal status. In different periods of Russian history, the Constitution was perceived differently, which was reflected in different understandings of the relationship between the Constitution and the state, the Constitution and legislation, the constitution and human rights. One of the important aspects for the interpretation of the constitution was the interaction between the Constitution and constitutionalism, as well as state and constitutional law. Within the framework of this problem, the object is the phenomenon of constitutional legal understanding, considered as a theoretical and praxiological construction that combines scientific views and empirical ideas reflecting the formal and substantive features of the Constitution and constitutional law at different stages of the development of the legal system of Russia. The article explores the problem of legal understanding and law understanding in the domestic legal tradition, the understanding of the Constitution in the context of cyclical politogenesis, as well as the problem of constitutional law understanding in the context of the concept of a «living» Constitution.

About the authors

Maria R. Romashova

Northwestern Institute of Management (RANEPA branch)

Author for correspondence.
Email: 7029807@mail.ru
ORCID iD: 0009-0003-0504-5822
SPIN-code: 7179-0556

Teacher-methodologist of the Department of Constitutional and Administrative Law of the North-West Institute of Management, RANEPA branch

57/43 Sredny ave. V.O., Saint Petersburg, 199178, Russian Federation

Vladislav Yu. Panchenko

All-Russian State University of Justice; Siberian Federal University; Moscow State Linguistic University; Moscow University named after A.S. Griboyedov; Research Institute of the Federal Penitentiary Service of Russia

Email: panchenkovlad@mail.ru
ORCID iD: 0000-0003-3303-2941
SPIN-code: 5096-0428

Doctor of Legal Sciences, head of the Department of Theory, History of State and Law of All-Russian State University of Justice; Chief Researcher of the Siberian Federal University; Professor of the Department of General Theoretical Legal Disciplines of Moscow State Linguistic University; Chief Researcher of Moscow University named after A.S. Griboyedov; Chief Researcher of the Research Institute of the Federal Penitentiary Service of Russia

2/1 Azovskaya str., Moscow, 117638, Russian Federation; 79 Svobodny ave., Krasnoyarsk, 660041, Russian Federation; 38/1 Ostozhenka str., Moscow, 119034, Russian Federation;35/1 Novaya Basmannaya str., Moscow, 105066, Russian Federation; 15a/1 Narvskaya str., Moscow, 125130, Russian Federation

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Copyright (c) 2024 Romashova M.R., Panchenko V.Y.

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