Legal Symbolism and Constitutional Policy in Contemporary Reality of Changes
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1
Vice-Rector of the Academy of Justice of the Republic of Armenia, Associate Professor at the Chair of Constitutional Law of Yerevan State University
2
Member of the Parliament (Deputy) at the National Assembly of the Republic of Armenia, Associate Professor at the Chair of History
and Theory of State and Law of Yerevan State University
Дата публикации: 2021-10-28
Studia Politologiczne 2021;61
КЛЮЧЕВЫЕ СЛОВА:
СТАТЬЯ:
The article tries to bring to the light the role of symbolism in the organized
human life, in general, and the contemporary societies with the accelerating changes almost
in all social structures, in particular. The rational of symbolism in changing socio-political
and legal environment creates complexity of the issue, which has been studied in the article,
taking into account the methodology of complex system theory.
The interconnectivity and interdependency of law, morality and politics create the picture
of synergy of different social norms with each other in changing environment. Their positive
synergy is able to create a perception of the ‘ethical state’ – the focal point of equilibrium
expressed in the attractor of future admired development. In the legal perspective, the symbol
of that attractor appears to be the constitution as the society’s and the nation’s symbol of
coexistence based on the values of mutual past, necessary present and admired future.
It is substantiated that the Constitution is the phenomenon, representing a concrete
constitutional idea and constitutional identity, and should be the one to be considered as such
in a lot of people’s minds if we intend to have a proper constitutional system and values.
Hence, the Constitution is not just a document with a highest legal force, but also a symbol
of a concrete constitutional system, and from this viewpoint the Basic Law has a symbolic significance. The authors substantiate that the mentioned significance of the Constitution makes it clear that constitutional policy in any state should be established and implemented
in a manner, obviously demonstrating an attitude towards the Constitution, in the frames of
which it is considered as a symbol of a concrete constitutional system. The most important
circumstance in this context is to never transform the Constitution (directly or indirectly)
from a symbol to an instrument in the hands of both the people and the state power and
the whole constitutional policy of the state should be based on the discussed essential idea.
Moreover, according to the authors the Constitution should not be subject to amendment
parallel to every change of political situation of the state or formation of a new political
majority merely conditioned by the mentioned changes. The Constitution has a fundamental
role from the aspect of regulating social relations, has symbolic significance and can’t be used
just as a tool for solving ongoing political problems.
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