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Title |
The constitution of the Russian
Federation and the russian science of law
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Authors |
KRUSS Vladimir Ivanovich,
doctrine.
Jur. Sciences, Professor, head of chair of theory of law, Tver state
University. E-mail: t-prava@yandex.ru
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Section |
Problems of the theory of the
constitution science and constitutional law |
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Issue |
4/2013 |
Page |
25-38 |
index UDC |
342.4(470) + 342.565.2(470) |
index LBC |
Х400.11(2) + Х400.1 + Х400.12(2) |
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Abstract |
The article raises the problem of
the General undervaluation of Russian legal science of the RF Constitution
as the national Constitution of the modern type, the text of which is
conceptually divided (synchronized) with
international law the rights and freedoms of man
and citizen. According to the author, this circumstance leads to a pronounced
inattention of legal scholars to the urgent task of constitutionalization (constitutional
modernization) of systems of Russian law and legislation, establishment
of the destructive sectoral fragmentation of scientific research. In this
regard, analyzes three modes of correlation and the possible effect of the
Constitution of the Russian Federation on the legal science. In the first aspect (epistemology)
the text of the national Constitution provides specific legitimacy of
legal knowledge. In the second (ontological) - objective homogeneity of results of
studies related to common goals and the prospect of constitutionalization of
the legal system. The third aspect (propaedeutics) characterizes the value of the
Constitution of the Russian Federation for the technologies of the modern
legal education and encourages critically evaluate the nature and results of
ongoing in this area of reform. |
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Keywords |
the Russian Constitution, constitutionalism, the
constitutional text, the constitutional legal
thinking, the constitutional modernization of legal systems, constitutional Court of the
Russian Federation, legal science as a participant of the process of
constitutionalization, legal education. |
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