Methodological paradigm of constitutional and legal responsibility in the focus of systemic and synergistic analysis

The author formulates the methodological principles of constitutional and legal responsibility based on the systemic and synergistic approaches. With the help of a combination of these methods, the synergistic paradigm of constitutional and legal responsibility and modern constitutionalism in general is filled with content. Thus, the importance of the system analysis method in the context of this study lies in the fact that the logical focus of the study is the regularities of development of constitutional and legal liability as an independent type of legal liability and a self-sufficient and integral institution of constitutional law, an immanent feature of an effective and self-sufficient system of protection of the constitutional order, modern constitutionalism as a whole and its components. In turn, if we approach the characterization of constitutional and legal responsibility from the methodological positions developed in synergetics, it will reveal to the researcher new sides and aspects: synergetics deals, as a rule, with processes and phenomena where the whole (in our case, for example, constitutional and legal responsibility as an independent type of legal responsibility, a type of constitutional and legal relations, an element of the mechanism of legal protection of the Constitution, a form of constitutional conflict resolution) has properties which none of the parts. The author concludes that the application of the system analysis method and the synergistic study of constitutional and legal liability which it provides in today’s context allows developing a more accurate methodological approach to the legal regulation of this type of legal liability not only from the point of view of the nature, character and functions of this phenomenon, but also from the point of view of the modern processes of constitutionalism formation and development of democratic statehood in Ukraine.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.15
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Methodological paradigm of constitutional and legal responsibility in the focus of systemic and synergistic analysis

Nataliia Batanova
Analytical and Comparative Jurisprudence
Ukrainian Legal and Forensic Studies
article

Methodological paradigm of constitutional and legal responsibility in the focus of systemic and synergistic analysis

Nataliia Batanova
article en

Abstract

The author formulates the methodological principles of constitutional and legal responsibility based on the systemic and synergistic approaches. With the help of a combination of these methods, the synergistic paradigm of constitutional and legal responsibility and modern constitutionalism in general is filled with content. Thus, the importance of the system analysis method in the context of this study lies in the fact that the logical focus of the study is the regularities of development of constitutional and legal liability as an independent type of legal liability and a self-sufficient and integral institution of constitutional law, an immanent feature of an effective and self-sufficient system of protection of the constitutional order, modern constitutionalism as a whole and its components. In turn, if we approach the characterization of constitutional and legal responsibility from the methodological positions developed in synergetics, it will reveal to the researcher new sides and aspects: synergetics deals, as a rule, with processes and phenomena where the whole (in our case, for example, constitutional and legal responsibility as an independent type of legal responsibility, a type of constitutional and legal relations, an element of the mechanism of legal protection of the Constitution, a form of constitutional conflict resolution) has properties which none of the parts. The author concludes that the application of the system analysis method and the synergistic study of constitutional and legal liability which it provides in today’s context allows developing a more accurate methodological approach to the legal regulation of this type of legal liability not only from the point of view of the nature, character and functions of this phenomenon, but also from the point of view of the modern processes of constitutionalism formation and development of democratic statehood in Ukraine.

Analytical and Comparative Jurisprudence(2)
Weatherford College (US)
Openalex Percentile: Top 90%
Ukrainian Legal and Forensic Studies
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