Searching for a methodology for studying constitutional law behavior

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By the norms of constitutional law, many socially and politically significant processes are settled with understandable detail and procedural accuracy. However, due to socio-political characteristics, the streamlining of public relations, during which constitutional-legal behavior is manifested, is either of a general regulatory nature or the nature of “constitutional-legal conditions”. This implies the non-obviousness of the qualification of legal acts of subjects of constitutional relations as legitimate or not legitimate. In this regard, the problem of the methodological construction of theoretical constructions of lawful behavior in constitutional law is urgent. The role of this type of legal behavior in the implementation of the norms of the Constitution of Russia is significant, since it is justified behavior that acts in this case as a substantial characteristic of the actual Constitution of the country. The article proposes a methodological basis on which the study of constitutional behavior is based, including general scientific and private scientific methods of cognition, integration of the methodology of social and human sciences. Integrative methodology allows to consider constitutionally lawful behavior as an element of complex, changing and developing systems - society and the state. These systems combine time-varying, not just different, and sometimes opposite in content and focus of interests, goals, material resources, levels of development of legal consciousness, human communities. Of particular relevance is the study of methodological issues from the perspective of constitutional law, since this is due to both the features of the subject of constitutional legal regulation and the methodological function of the constitutional legal norms themselves.

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Methodology of constitutional and legal research, lawful behavior, constitutional and legal regulation, constitutional teleology, russian constitutionalism, natural law, positivism, legal anthropology, legal hermeneutics, legal phenomenology

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Короткий адрес: https://sciup.org/147231500

IDR: 147231500

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