The Constitutional Conceptual Landscape and Its Values

G.A. Gadzhiev

doi:10.17323/2072-8166.2012.5.12.24

G.A. Gadzhiev St. Petersburg branch of the National Research University Higher School of Economics; Constitutional Court the Russian Federation

DOI: https://doi.org/10.17323/2072-8166.2012.5.12.24

Keywords: legal space, constitutional law ontology, axiology of constitutional principles, traditions and constitutional law ethics, internalist and externalist approaches

Abstract

Constitutional law conceptual space is part of conceptual space. The ontological structure of constitutional law consists of three layers — legal principles, positive constitutional law, traditions and practice. The third layer contains inter alia constitutional law ethics. Constitutional law conceptualism is a kind of legal positivism. Constitutional law conceptualism presupposes some limited influence in law and non exaggeration of significance of conceptual reality represented in signs and symbols as the text of the RF Constitution.

Author Biography

G.A. Gadzhiev, St. Petersburg branch of the National Research University Higher School of Economics; Constitutional Court the Russian Federation

Doctor of Jurisprudence, Head of the Civil Law department at the Law Faculty of the St. Petersburg branch of the National Research University Higher School of Economics; Judge of the Constitutional Court the Russian Federation