The economic system as a component of the constitutional order of the state: theoretical and legal analysis
It is indicated that the concept of the constitutional order occupies a central place in the modern theory of constitutionalism, establishing the fundamental principles of the organization of state and public life. The economic order acts as a key component of the constitutional order, forming the basic principles of the functioning of the economic system and regulating the nature of economic relations in the state. Against the background of modern global economic transformations and changes in economic systems, the importance of studying the theoretical and legal aspects of the interaction of the constitutional and economic order is growing. The article carries out a theoretical and legal analysis of the economic system as a component of the constitutional order of the state. The evolution of scientific approaches to understanding the constitutional order in the context of its relationship with the concepts of “social order” and “state order” is studied. It is established that the constitutional system is a fundamental category of modern constitutionalism, which determines the basic principles of the organization of the state and society. It is substantiated that the economic system is one of the key subsystems of the social system along with the political, social and cultural components. Based on the analysis of scientific sources, it is determined that the economic system is a historically formed set of principles, rules and legislatively enshrined norms that regulate the main economic relations in the processes of production, distribution, exchange and consumption of economic goods. Special attention is paid to the study of constitutional and legal mechanisms for regulating economic relations and the influence of constitutional norms on the development of the economic system. The relationship and interdependence of the constitutional system and the economic order, which form a complex system of relations, where constitutional norms establish the legal boundaries of economic activity, and economic processes affect the implementation of constitutional principles and the provision of citizens’ rights, are analyzed. It is revealed that in the context of globalization and strengthening economic integration, the study of the mechanisms of interaction between the constitutional order and the economic system is of particular relevance. The need to find the optimal balance between state regulation of the economy and ensuring economic freedom, between the protection of national economic interests and openness to international economic cooperation is proven. In the context of European integration processes, the importance of harmonizing national legislation with European standards in the field of constitutional and legal regulation of economic relations is substantiated.
Authors
- S. I. Kasynets
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-03-01
- DOI
- https://doi.org/10.24144/2788-6018.2025.01.158
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00