The role of the phenomenology of municipalism in the formation of the concept of «constitutional personhood»
The article is devoted to determining the place and role of the phenomenology of municipalism in the formation of the concept of «constitutional personhood». It is noted that the formation of the phenomenology of «constitutional personhood» is not only an important sign of the identification of the concept, concept, macro-trend, phenomenology of democratic legal statehood in its broad and narrow sense in the contextualization of awareness, understanding, formalization and implementation of its teleological dominant, but also evidence of its essential, value and praxeological development and improvement. It is proposed, taking into account the author’s doctrinal developments, to understand the phenomenology of «constitutional personhood « as: a) a special systemic and complex form of legal status, b) which defines a person as a real bearer of a systemic complex of constitutional rights, freedoms and obligations, c) which are directly implemented at the local level of society, in the conditions of local self-government, within the territorial community, in the philosophical state of everyday life, d) through the independent activity of a person, his groups and associations, d’) with the help of public state and public self-government bodies that provide appropriate, optimal and effective measures of protection, defense, and guaranteeing the implementation of such a status, which is provided for by the constitution of the state and its international legal obligations. It is argued that the formation of the phenomenology of «constitutional personhood» occurs at the junction of national constitutional and national municipal law, which is due to the strategic guidelines of municipalism, which acts as the everyday ideological-value, social-normative and humanistic- humanitarian basis of the existence of a person, his groups and associations in the conditions of local self-government, within the territorial community and in the philosophical state of everyday life - that is, in those conditions in which a person carries out his life cycle. It is stated that the basis of the processes of formation of the phenomenology of «constitutional personhood « is the constitutional and legal status of a person, which is realized at the local level of society in the conditions of local self-government and within the territorial community, which objectively makes municipalism a primary, immanent and determining factor in the above processes. It is proven that the phenomenology of «constitutional personhood» implies not only the possession by a person, his groups and associations of a constitutional and legal status in all its diversity of presence, multi-level implementation and multi-dimensionality of manifestation, but also the formation, existence, functioning, development and improvement of a systemic complex of organizational and organizational and legal mechanisms for the implementation of such status, as well as public and legal means of its protection, safeguarding and guaranteeing.
Authors
- R. M. Khvan (ORCID: https://orcid.org/0000-0002-5053-6343)
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-04-29
- DOI
- https://doi.org/10.24144/2788-6018.2025.02.29
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00