Social factors connstitutionalization legal order

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Social factors connstitutionalization legal order

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue

Abstract

This article analyzes the features of the influence of social factors on the process konsty- tutsionalizatsion legal order. Indicated that law and order falls under the influence of an eco- nomic base and superstructure variety of complex political, ideological, psychological, legal, institutional and others. It is concluded that the totality of these factors creates a unity of inter- connected elements is ordered structure, follows the laws of social development, that has all the features of the social system. The institutionalization of legal order in the Ukrainian state depends on the socio-struc- tural, institutional imbalance inherent in the period of reforms. This means that the formation of law affected other areas of order (political, economic, mental, and, in turn, affects the processes of formation and development. Given this process konstytutsionalization legal order is a manifestation and a consequence of the interaction of various factors, so or otherwise influence the formation and development of Ukrainian law in general. Specifics of social fac- tors is that they act systemically, they are characterized by thrust action. They affect the degree of effectiveness konstytutsionalizatsion rights in general, and directly related to the process konstytutsionalizatsion legal order. Analysis of the literature reveals the several blocks of social factors that influence the effectiveness of the mechanism konstytutsionalizatsion law, namely: 1) political; 2) economic; 3) socio-cultural. The impact of political developments on the effectiveness of law enforcement konstytut- sionalizatsion manifested in two ways: first, the importance of a matching political system of the state social structure, ideology and culture, the existing system of social relations. This line generally reflect the interests of society. Thus, the legal policy strategy is the main law of the state, which includes legal development patterns, defines the goals and objectives as a whole legal system and its individual elements (including legal proceedings). Basics of legal strate- gies known to set constitution. Thus, the introduction of the Constitution of Ukraine specified provisions are the basis of all constitutional norms and other regulatory legal acts, establish- ing human rights and freedoms and citizen; strengthening of civil harmony on earth Ukraine; the development and strengthening of the democratic, social, rule of law. In turn, ineffective enforcement mechanisms konstytutsionalizatsion antagonism may originate from the presence of social forces clash of opposing political interests of others (especially the reform of the Basic Law). Economic factors – a set of economic phenomena, reflecting the positive and negative directions of public relations. The most common indicator of this development is the level of living, which manifests itself in health, create safe conditions for life. The lack of stable finan- cial income are the circumstances in which many people do not use their subjective rights under the Constitution (such as the right to work). Economic and political factors by them- selves are not able to influence the behavior of subjects because behavior can never be auto- matic. Changes in the economic sphere, the growth crisis, reassessment of values, socio-cul- tural changes in the spiritual sphere of society can not fully explain the behavior of individu- als in specific situations. All influence emanating from the economic, political and social spheres, inevitably passes through the so-called filters mentality and culture to give them a kind custom lighting, and only in this modified form is the driving force of human behavior in society. This relationship is clearly visible the relationship and interdependence of eco- nomic and political factors of socio-cultural, hence the stable and sustainable rule of law in society. Social and cultural factors rather large and heterogeneous, because it combines the effects of different spheres of social life: education, education, science, culture, religion and so on. Social factors are effective indicators of socially oriented state. Obviously, the impact of legal awareness and legal culture on the effectiveness of enforcement konstytutsionalizat- sion mechanism is very complex; in real life it is shown in the following axiomatic parameters: 1) quality law can appear only in a society with a high level of legal culture; 2) the level of legal awareness of legal implementation directly affects the quality of the law itself. Knowledge of laws, attitudes, willingness to follow and implement them, the availability of skills in public legal behavior, the individual components of justice – all of which directly affect the effectiveness konstytutsionalizatsion in each case. And, accordingly, on the contrary – substandard laws poor quality realization reduce the level of legal awareness and legal culture, resulting in a certain disorganization of society, lack of legal basis.

Authors and Affiliations

Tetiana Podorozhna

Keywords

Experience in the development of state-legal institutions of the early United States through the prism of scientific analysis

EP ID EP435023
DOI -
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