Open AccessThe idea of justice and the constitutional problems of welfare state
Author(s) -
В. В. Кочетков,
В. В. Кочетков
Publication year - 2015
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18052
Subject(s) - lawmaking , constitutionalism , economic justice , law and economics , welfare state , state (computer science) , political science , interpretation (philosophy) , enforcement , welfare , civilization , law , sociology , democracy , computer science , legislature , algorithm , politics , programming language
Why in the process of overcoming the consequences of the crisis are increasingly talking about the need to reject the model of the welfare state? The author believes that the bases for such arguments are real constitutional problems of theory and practice of the welfare state. However, their resolution based on the proposed in this paper axiological understanding of constitutionalism allows you to save institutions that are necessary to implement the basic values of Western civilization - freedom and justice. Only on this basis it is possible to develop a public consensus on the ways to overcome the current crisis. In addition, this first implementation, and reasonable in the Russian literature axiological interpretation of constitutionalism has, in author’s opinion, to determine the lawmaking and enforcement in the Russian Federation.