On shaping the constitutional principles and understanding the nature of their effectiveness in the legal life of society

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Abstract

The theory of shaping the constitutional principles as the leading principles of law in a multi-level pyramid of legal forms (in fact, the theory of the legal form of the highest level) is set forward. The dialectical approach, the method of rising from the abstract to the concrete in understanding the regular law formation processes, the theory of factors, the theory of law formation, the critical reflection method, comparative analysis, systemic and sociological-legal approaches were used as the methodological foundations of the research. Two main groups of approaches to understanding the nature of the principles of constitutional law, namely subjective-right-positivist and objective-social ones, are presented. The subjective-legal positivist approach to the problem of the emergence of the principles of law in general and the principles of constitutional law, in particular, is critically assessed. It is noted that the objective-social approach to understanding the nature of the principles of law is more true; it allows to answer the question of the unconditional effectiveness of constitutional principles in the legal life of society, despite changing market circumstances in politics, economics etc. It is argued that shaping the constitutional principles is based on the most powerful and fundamental factors in the development of social and legal life. Some examples with the principles of the priority of human and civil rights and freedoms, the rule of law, the concept of separation of powers etc. are given. It is concluded that the principles of law express the objective laws of social and legal life and this gives them inviolability and all-time practical significance.