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Publications of Shishkin Vladimir Viktorovich
Law and Politics, 2015-12
Shishkin V.V. - New methodological approaches towards the constitutional legal researches


Abstract: This article examines the new approaches towards researches in the sphere of constitutional law, including need to consider development of the international principles of legal regulation. The modern jurisprudence cannot be limited by the formal-juridical approach towards the researches, because such position does not allow taking into account the effect of sociocultural relations upon the development of law. Normativism within jurisprudence devalues the importance of the legal norm as a result of social development, and demarcates the influence of society upon the establishment of law from the activity of government on creation generally required precepts aimed at social management and independent from the society itself. The use of the concept of natural law becomes ever more relevant. In the foundation of the new approach towards the constitutional legal researches lies the integration of results of researches on sociology and philosophy of law. The new approach reviews the constitutional law not only as the foundation of national legal system, as well as the base for formation of the new social system. A peculiarity of the constitutional law that distinguishes it from other national branches is indeed the fact that is establishes the foundations for the constructs of all socially significant elements comprising the social system.
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