The problem of determining the scope and content of the concept of constitutional and legal risk

Бесплатный доступ

The article deals with the problem of determining the scope and content of the concept of constitutional and legal risk, analyzes the conceptual foundations of the category "risk" presented in the general theory of risks, the theory of legal risks, characterizes the features covered by the concept of "constitutional and legal risk", examines approaches to risk as a ratio of possible gains and losses, as well as identification of risks with adverse consequences, the features of constitutional and legal risk are determined. Conclusions are formulated about the possibility of understanding constitutional and legal risk in a narrow and broad sense, as well as about the importance of constitutional situations and constitutional decisions for the formation of doctrinal ideas about constitutional and legal risk, which can be used for further research of the relevant constitutional and legal issues, analysis of the actual legal and other consequences of risky decisions in the field under consideration, creation of theoretical basis for the management of constitutional and legal risks.

Еще

General theory of risk, legal risk, constitutional and legal risk, constitutional situations, constitutional decision

Короткий адрес: https://sciup.org/147238590

IDR: 147238590   |   DOI: 10.14529/law220315

Статья научная