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Article Emotionality and Rationality in the Context of Modern Constitutionalism
Authors Savchyn M.
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1-2 / 2015
Pages 178 - 195
Annotation

The expression of emotional and rational aspects of constitutionalism, relying on the analysis of social interaction theories, theories of games, psychological and communicative theories of law, is revealed in the article. The dynamics of constitutionalism is explained as a multidimensional process of weighing and providing balance of interests in accordance with the requirements of due legal process. The main criterion for such decision is the guarantee of individual sovereign choice, based on the respect for the dignity and human rights.

Keywords balancing, emotionality, constitutional justice, constitutionalism, rationality, prudence, constituent power.
References
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