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Реферат To the question about understanding of the system of the sciences of modern constitutional law

















workTHE QUESTION ABOUT UNDERSTANDING OF THE SYSTEM OF THE SCIENCES OF MODERN CONSTITUTIONAL LAW


Constitutionally-legal science is the set aggregate of knowledge about different displays of constitutionalism and constitutional law as the fundamental field of national law. The constitutional law as the field of scientific knowledge relates to lawful disciplines. As well as in any other field of scientific knowledge, it is necessary to select in it the subject, object, contents, form, methodology, valued grounds, etc.

Foremost, the science of modern constitutional law enables to discover and research the objectively existent phenomena of the constitutionally-legal reality, to provide the theoretical basis of further genesis of constitutionalism and constitutional law as the fundamental field of national law, to foresee and forestall possible miscalculations and lacks of further development and improvement of national constitutional law, to examine positive foreign experience of constitutional development and law making for the purpose of its application in practice. , The science of constitutional law, submitting by itself the certain sphere of theoretical knowledge, can apply the right to be named the scientific sphere of knowledge only in case that it is not some sum of information, but the concerted set (system) of knowledge exposing conformities of development of the certain phenomena as the subject of examination of the given science. the subject of the science differentiates and units the constitutionally-legal knowledge and in fact personifies it. The specification of the subject predetermines internal structure of the science, selection on the subject attribute of independent parts of its system. important role in systematization of the science of constitutional law is acted by its methodology, allowing to differentiate constitutionally-legal knowledge, determination of tasks, functions of the science of constitutional law and etc from the above stated the system of science of constitutional law, in our opinion, should be understood as the associate well-organized knowledge about the subject of its study, got by legal methods and methodological receptions, and structured in accordance with gnosiological and practical tasks and methodical requirements. system of the science of constitutional law has the objective basis as the subject and methodological definiteness of constitutionally-legal knowledge and is oriented on the tasks of the science as the special purpose options of cognition in the proper sphere of public life. So, at subject approach to organization of elements of the system either between them there is established logical (horizontal) connection, or there is determined their historical sequence or there is determined the level of correlation. The methodological approach to the construction of the science system, having as the basic criterion the method of receipt of constitutionally-legal knowledge, allows to select such methodological blocks, as logical and historical, legal and political, theoretical and empiric. system of science of constitutional law is objectivied in its structure, being the organization of the system, its internal form, different by stability and conformity to the law of relations of separate elements of such system. The variety of elements, showing up in their amount, construction and character of relations, is the reflection in thought of the phenomena and processes of constitutionally-legal reality studied by the science [1]. system of any science can be lined up only when the accumulated material about the subject of study is rather vast, possesses high-quality integrity and is expounded in the scientific periodicals. Certainly, the object of cognition is the constitutional law that must be formed and exist in the developed state. the end of 19th century and at the beginning of the 20th century the system of the constitutional law was discussed in the pre-revolutionary science. A.V. Romanovich-Slavatinskiy, proceeding from the fact that the Russian constitutional law has its subject the systematic exposition and elucidation of legalizations, determining the structure, jurisdiction and activity of authorities and establishments managing the Russian state, considered that the Russian constitutional law comprised three departments. The first department, according to him, forms the group explaining those legalizations which are determined the essence and organization of supreme Autocratic sovereignty. The second contains legalizations, which determine the structure of places and authorities of inferiors by means of which the supreme Autocratic sovereignty is shown up and acts on the people. A.V. Romanovich-Slavatinskiy considered that on complication of its conten...


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