The phenomenon of constitutional and legal responsibility: from a value characteristic to the formation of the axiometry of modern constitutionalism
The author formulates the methodological foundations of the axiology of constitutional and legal responsibility based on the value approach. With the help of this method, the author fills the axiological paradigm of constitutional and legal responsibility and modern constitutionalism in general with content. The value-based approach to constitutional and legal responsibility goes beyond the regulatory framework in determining priorities in public life, including the constitutional and legal sphere. It is determined that the impact of the value approach on the doctrinal studies of constitutional and legal liability is as follows: when studying constitutional and legal norms, relations and processes, attention is drawn to what moral and value principles they have and whether they are present at all; it makes it possible to formulate both the content of constitutional values themselves and to develop a mechanism for their enforcement and protection, taking into account the state of social development; it allows to cite the provisions of current legislation which regulate relations in the field of constitutional and legal liability. It is noted that the value of constitutional and legal responsibility is multidimensional and is related to its complex functional purpose for legal protection of the constitution, development of constitutionalism, the rule of law and civil society, ensuring constitutional law and order, etc. The author concludes that under the current conditions of constitutionalism development, the institute of constitutional and legal liability requires appropriate doctrinal support and modernisation both at the theoretical, legislative and law application levels with a view to its compliance with the needs and conditions of development of the rule-of-law State and civil society and comprehensive implementation of its value aspects. For modern constitutional studies, axiological research should be developed in the areas of not only the axiosphere of constitutional law, but also the axiosphere of the constitutional state. In view of the above, the most important task of the value characteristic of constitutional and legal responsibility is to consolidate and implement the relevant values within the framework of the formation of the axiometry of constitutionalism.
Authors
- Nataliia Batanova (ORCID: https://orcid.org/0000-0003-1828-6708)
Institutions
- Weatherford College (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-05-09
- DOI
- https://doi.org/10.24144/2307-3322.2025.88.1.14
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00