Европейский конституционализм: развитие идеи и правовых средств ограничения публичной власти

Теоретическая и прикладная юриспруденция. 2023. № 2. С. 27–38.

Левакин И. В.

The article actualizes the problem of formation, development, the current state of the constitutionalist idea and the
corresponding legal means of limiting public power. This is not about numerous constitutionalist political and legal
doctrines, its defi nition or classifi cation: the thesis characterization of the historical stages of the struggle of civil
society against the despotism of the state, competing or affi liated institutions (economic, military and spiritual) allows
us to reveal the patterns of dialectics of the essential idea for constitutionalism and appropriate legal means of limiting
public authority.
The author used the historical-comparative, formal-logical, method of legal dogmatics and specifi cation of legal
cases (description of specifi c cases). The use of these methods made it possible to investigate the embodiment of
the constitutionalist idea of limiting public power that corresponds to the legal culture of a particular era; the main
legal means of limiting public power in the past and present; the potential for updating the constitutionalist idea
and legal means of limiting public power. The idea and legal means of limiting public power are concretized on the
materials of the most developed legal systems of the past and present, recognizing and implementing European-type
democracy as the basis of the political and legal structure.

Keywords: демократия, власть, конституционализм, constitutionalism, правовые средства, public authority, legal means of payment