The Theory of the Constitutional Field

According to a brief definition, the theory of the constitutional field is a set of principles and general theoretical ideas about the main normative requirements of the constitutional field as a conditional space of social transactions that take place and are carried out on the basis of the rule of law in the conditions of the free market. The constitutional field can be a symbolic space of any national state that recognizes and accepts the axiomatics of the market, the principles of the rule of law and builds its life in accordance with their organic requirements. This allows constitutions to act as promoters of national progress, where the individual freedom of the creator together with the personal way of recognizing his achievements play a particularly important role. In the theory of the constitutional field, the principle of free action is broadcast through a number of such channels as capitalism, "informal" or "irrational" constitutionalism, behavioral economics, post-modernism, etc. The key element of the theory of the constitutional field is the principle of the market as a principle of maximum simplification and acceleration of social transactions in classical legal agreements. In addition, variability in the accumulation and expenditure of any social resources also plays an important role in the theory of the constitutional field. At the everyday level, variability coincides with the multiplicity and variety of creative biographies, the diversity of all potentially possible life practices. The more diverse impressions (experiences) an individual has received, the higher are his chances of living an interesting and consequentially influential life. Therefore, the variability of resource accumulation and expenditure is one of the key conditions of national constitutionalism as a legal guarantor of prosperity. Finally, the theory of the constitutional field is based on the awareness of the need for a clear distinction between the physical and symbolic worlds, it provides for a consistent division of constitutional regulation into "physical" and "symbolic" channels of influence. The first of them involves the legal registration and provision of physical and material action, the second - the guarantee of intellectual freedom in its broadest state and understanding. In conclusion, the theory of the constitutional field should be considered as a pragmatic set of constitutional values and functions, the implementation of which allows for national progress.

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Publication Details

Journal
Problems of Legality
Published
2026-10-30
DOI
https://doi.org/10.21564/2414-990x.174.373442
Primary Topic
Legal and Constitutional Studies
Type
article
Field-Weighted Citation Impact
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article

The Theory of the Constitutional Field

В.В. Речицький
Problems of Legality
Legal and Constitutional Studies
article

The Theory of the Constitutional Field

В.В. Речицький
article en

Abstract

According to a brief definition, the theory of the constitutional field is a set of principles and general theoretical ideas about the main normative requirements of the constitutional field as a conditional space of social transactions that take place and are carried out on the basis of the rule of law in the conditions of the free market. The constitutional field can be a symbolic space of any national state that recognizes and accepts the axiomatics of the market, the principles of the rule of law and builds its life in accordance with their organic requirements. This allows constitutions to act as promoters of national progress, where the individual freedom of the creator together with the personal way of recognizing his achievements play a particularly important role. In the theory of the constitutional field, the principle of free action is broadcast through a number of such channels as capitalism, "informal" or "irrational" constitutionalism, behavioral economics, post-modernism, etc. The key element of the theory of the constitutional field is the principle of the market as a principle of maximum simplification and acceleration of social transactions in classical legal agreements. In addition, variability in the accumulation and expenditure of any social resources also plays an important role in the theory of the constitutional field. At the everyday level, variability coincides with the multiplicity and variety of creative biographies, the diversity of all potentially possible life practices. The more diverse impressions (experiences) an individual has received, the higher are his chances of living an interesting and consequentially influential life. Therefore, the variability of resource accumulation and expenditure is one of the key conditions of national constitutionalism as a legal guarantor of prosperity. Finally, the theory of the constitutional field is based on the awareness of the need for a clear distinction between the physical and symbolic worlds, it provides for a consistent division of constitutional regulation into "physical" and "symbolic" channels of influence. The first of them involves the legal registration and provision of physical and material action, the second - the guarantee of intellectual freedom in its broadest state and understanding. In conclusion, the theory of the constitutional field should be considered as a pragmatic set of constitutional values and functions, the implementation of which allows for national progress.

Problems of Legality(174)
Ukrainian Catholic University (UA)
Peace, justice, and strong institutions
Openalex Percentile: Top 8%
Legal and Constitutional Studies
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