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The article deals with a narrow, methodologically important, but unexplored aspect of constitutionalism, which makes it possible to evaluate its multidimensional and complex integrative perception of the constitution and constitutionalism. Appropriate definitions are proposed, connections between system elements are established, and the necessary characteristics are given for the possibility of their practical use. The author proceeds from the fact that constitutionalism is a phenomenon of law and any of its characteristics depends on the understanding of law; constitutionalism is a phenomenon derived from the understanding of the constitution, and this is one of the starting points of its characteristics. Practically like any phenomenon that finds its expression in the concept, constitutionalism can be considered narrowly and broadly. Science cannot limit itself to a narrow understanding of constitutionalism and must always define its pragmatic service. Constitutionalism as an idea and then as a practice developed from the need for procedural mediation of the organization and activity of the existing government. To bind (restrict) power is one of the goals, but not the only one and, as it turned out, not the most important one; constitutionalism presupposes the free and creative exercise of power — any, not only state.
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Valyeriy Lazaryev
Journal of Russian Law
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
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Valyeriy Lazaryev (Wed,) studied this question.
www.synapsesocial.com/papers/68e74453b6db6435876bd654 — DOI: https://doi.org/10.12737/jrp.2023.050
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