Methodology of legal research on the foundations of the people’s constitutional right in the administration of justice through the institution of jurors in Ukraine

The article analyzes scientific research in the field of the people’s constitutional right to participate in the administration of justice to uncover the methodological foundations of studies in this area. Various methods enable scholars to eliminate theoretical gaps, refine key concepts, and improve the theory of the people’s constitutional right to participate in justice. The study of the methodology of scientific research in this field has established that the implementation of the people’s constitutional right to participate in justice remains one of the most problematic aspects of legal practice and requires further in-depth analysis. The approaches presented in the scientific literature regarding the methodology of modern constitutional law have been analyzed. It has been found that combining methodological principles with scientific methods plays a key role in the study of both specific legal phenomena and the functioning of constitutional institutions in Ukraine. It is emphasized that a stable system of methods has been established in domestic science, which is applied to the study of the people’s constitutional right to participate in justice. In particular, philosophical and ideological foundations (ontology, gnoseology, axiology), general scientific, and special legal methods are used. It is substantiated that the primary methods for studying the constitutional and legal regulation of the people’s right to justice include general scientific methods – systemic, dialectical, structural-functional; special legal methods – formal-legal, comparative-legal, historical-legal; sociological and empirical methods – sociological, statistical, and anthropological, which make it possible to examine the level of citizens’ legal awareness, the effectiveness of the jury system, and public attitudes toward it. Based on the conducted analysis, several conclusions have been formulated. The methodology for studying constitutional law is characterized by the multidimensional nature of this legal phenomenon, its connection with political processes, and the necessity of an interdisciplinary approach. The combination of general scientific, special legal, and sociological methods allows for a comprehensive understanding of the mechanisms for implementing constitutional norms, particularly regarding the functioning of the jury system in Ukraine.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.28
Primary Topic
Legal Studies and Reforms
Type
article
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article

Methodology of legal research on the foundations of the people’s constitutional right in the administration of justice through the institution of jurors in Ukraine

O.Ye. Ferenets
Analytical and Comparative Jurisprudence
Legal Studies and Reforms
article

Methodology of legal research on the foundations of the people’s constitutional right in the administration of justice through the institution of jurors in Ukraine

O.Ye. Ferenets
article en

Abstract

The article analyzes scientific research in the field of the people’s constitutional right to participate in the administration of justice to uncover the methodological foundations of studies in this area. Various methods enable scholars to eliminate theoretical gaps, refine key concepts, and improve the theory of the people’s constitutional right to participate in justice. The study of the methodology of scientific research in this field has established that the implementation of the people’s constitutional right to participate in justice remains one of the most problematic aspects of legal practice and requires further in-depth analysis. The approaches presented in the scientific literature regarding the methodology of modern constitutional law have been analyzed. It has been found that combining methodological principles with scientific methods plays a key role in the study of both specific legal phenomena and the functioning of constitutional institutions in Ukraine. It is emphasized that a stable system of methods has been established in domestic science, which is applied to the study of the people’s constitutional right to participate in justice. In particular, philosophical and ideological foundations (ontology, gnoseology, axiology), general scientific, and special legal methods are used. It is substantiated that the primary methods for studying the constitutional and legal regulation of the people’s right to justice include general scientific methods – systemic, dialectical, structural-functional; special legal methods – formal-legal, comparative-legal, historical-legal; sociological and empirical methods – sociological, statistical, and anthropological, which make it possible to examine the level of citizens’ legal awareness, the effectiveness of the jury system, and public attitudes toward it. Based on the conducted analysis, several conclusions have been formulated. The methodology for studying constitutional law is characterized by the multidimensional nature of this legal phenomenon, its connection with political processes, and the necessity of an interdisciplinary approach. The combination of general scientific, special legal, and sociological methods allows for a comprehensive understanding of the mechanisms for implementing constitutional norms, particularly regarding the functioning of the jury system in Ukraine.

Analytical and Comparative Jurisprudence(2)
Human Growth Foundation (US)
Openalex Percentile: Top 90%
Legal Studies and Reforms
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