Article title Methodological Principles of Constitutionalization of Legal Order: General and Specific Legal Problems
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10/2015
Сторінки [113-121]
Annotation The article investigates the problems of constitutionalization of legal order, its methodological principles. The issues mentioned are considered from the perspective of the rule of law. It is emphasized that the problem of relationship and interdependence between the legal order and the constitution as the fundamental law of the state is poorly explored. The attention is drawn to the fact that the purpose of constructing a theory of constitutionalization of legal order is to obtain substantial knowledge of the object of study, and methodology is a tool for constructing this theory, namely organizing the process of obtaining meaningful knowledge about constitutionalization of legal order. It is being proved that the category of «constitutionalization of legal order» should be explored in terms of legal theory and constitutional law. Cognition of the legal order involves the study of the mechanisms of its constitutional and legal regulations, constitutional influence and protection by the norms of the constitution. It is pointed out that legal order designed to ensure organized public life, while it needs a certain influence of the constitution, in other words it should be constitutionalizative.
Keywords methodology, theory of law, constitutional law, constitution, law and order, constitutionalization of legal order, legal regulation, result of the law, legal effect