Properties of the Principle of Constitutionality of Subjects of Legal Relations Activities

Abstract

The article deals with the characteristics of the principle of constitutionality of the activities of subjects of legal relations, namely, the property of axiomaticity, the property of presumptiveness and the property of fictitiousness. The purpose of the research is to test the hypothesis that constitutional principles are in fact full-fledged legal tenets that are endowed with all the necessary properties necessary for achieving the constitutional goals. Examining the properties of the principle of constitutionality of the activities of subjects of legal relations, this researcher used the methods of structural systemic analysis, comparative legal analysis, method of formal logic and other methods. Using a combination of these methods, this researcher was able to address not only the issues of constitutional law of current importance, but also issues pertaining to law theory, as well as other branches of law, and this approach enabled the researcher to examine the properties of constitutional principles in a most objective and comprehensive manner. The study of the properties of the principle of constitutionality of the activities of subjects of legal relations is based on the fact that informing a basic rule and defining directions for the legal system’s development, constitutional principles are therefore axiomatic. At the same time, constitutional principles are presumptive because law practitioners have the obligation to proceed from the presumption that all subjects of legal relations observe these principles, and this obligation ensures the necessary stability of the state’s legal system. At the same time, in order to achieve a robust stability of the legal system, the presumption that subjects of law observe constitutional principles is not sufficient; it should be also possible to monitor such compliance. The solution can be found in the application of legal presumptions. In turn, the property of presumptiveness inseparably interlinks constitutional principles and their corresponding legal presumptions. And fictitiousness of constitutional principles allows to flexibly interpret them and, as a result, to create the necessary regulatory framework. Thus, the principle of the constitutionality of the activities of the subjects of legal relations, possessing the above-mentioned properties, fully defines the universally binding basic rules and determine directions of the legal system’s development, ensure stability of the state’s legal system, and also can evolve in a timely manner.