Social legal state as a constitutional value

  • Alexey Khodusov International Law Institute 127427, Russian Federation, Moscow
Keywords: Social state; constitutional state; constitutional value; social legal state; constitutionalism.

Abstract

In the 21st century, the discussion of constitutional values from the standpoint of designating arbitrary value judgments faced by the legislator of constitutional documents becomes quite relevant. Moreover, the fundamental constitutional principles, rights and obligations of each citizen are appropriately consolidated. Therefore, if we are talking about constitutional values, we take for granted a definite frame of reference as to what belongs to these values and, above all, we are talking about a socially-legal state as a constitutional value, within the framework of which the very fundamental civil public rights and obligations. However, the problems associated with the definition of the state as a socio-legal one in the context of constitutional values have by no means been resolved to date. In reality, today there is only a vague structure of what can legally be called "constitutional."Each constituent convention can distinguish certain aspects from existing values that can be recognized as “constitutional”. Consequently, the structure of the socio-legal state and its definition as a constitutional value as a result of constitutional choice are very different in each individual state. The point is not only to “write” the new constitution, to fix the fundamental norms, principles, and also rights and obligations in it, but to ensure that all this is done in reality.Constitutional provisions are always interpreted in accordance with the spirit of the times, the dominant idea of the times, so that the fundamental rights and requirements of the democratic process are strikingly different in a particular time period. Therefore, we need a certain “coordinate system” that gives reason to consider the state of social and legal due to certain provisions. A practice without a system of constitutional values constitutional could cast doubt on the preference of one particular value and law in a biased way and turn them into something completely opposite, in the legitimization of injustice in the name of constitutional law. This will be the case if the value of democracy justifies a dictatorship based on one-sided general elections, or if the values of equality are realized by state planning, which guarantees equal results, rejecting human freedom. In this study, the author analyzes the state legal and constitutional foundations of the formation and development of a socio-legal state and concludes that only the constitutional consolidation of the basic social privileges of a citizen will make it possible to determine the state as constitutional value.

Author Biography

Alexey Khodusov, International Law Institute 127427, Russian Federation, Moscow

Ph.D., Associate Professor International Law Institute 127427, Russian Federation, Moscow

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Published
2020-01-08
How to Cite
Khodusov, A. (2020). Social legal state as a constitutional value. Amazonia Investiga, 9(25), 471-478. Retrieved from https://amazoniainvestiga.info/index.php/amazonia/article/view/1096
Section
Articles