CONSTITUTIONAL SOCIAL ORDER AS A VALUE MODEL OF STATE INTERACTION AND SOCIETY

The article is devoted to the analysis of the relationship between the key categories of modern social and legal reality, in general, and constitutional law, in particular - social order, legal order and constitutional order. The last category, despite the fact that it is represented in the legal literature by a wide range of views, does not have a clear explanation. This is due, among other things, to its scientific and practical distance from the concept of social order. Overcoming this obstacle is associated with the growing need to expand the sphere of manifestation of constitutional law to the entire social order, exceeding the sphere of legal relations. Social order, legal order and constitutional order are in a dialectical unity, where each subsequent element is a condition for the existence of the previous ones in their ideal axiological and ontological perception. At the same time, constitutional order is not a mandatory attribute of the constitution, since the constitution itself may not meet the criteria for having a constitutional order. On the contrary, the orderliness of social relations built on the principles of constitutionalism, general principles of law, values of law and legal values indicates the presence of a constitutional order even in the absence of a formal constitutional act. The constitutional order fixes the social and value basis to which the formed legal order must comply. The presented concept of interaction between social order, legal order and constitutional order leads to the need to introduce into scientific circulation a concept, a category that ensures the connection between these phenomena. It is proposed to call it “the constitutional order of society (constitutional social order).”