The Modern Constitution as a Concept and Category of the Constitutional Law Science
Annotation
This article proposes to examine the modern constitution as an inductively defined concept and a deductively constructed category in constitutional law. This approach allows the author to distinguish the object-objective concept of a modern constitution from subjective judgment about it. The article demonstrates that the concept of a modern constitution is the result of a dogmatic understanding of its three constituent elements (substantive, formal, and functional), while its category represents a norm of thought defined in judgment about each of them. The author argues that the modern constitution has a single concept, the content of which is dynamically changing due to progressive constitutional reforms, but at the same time, it has a multitude of categories corresponding to the number of subjective judgments about it. This article is largely a marginal note to T.Ya. Khabrieva and V.Ye. Chirkin's monograph "The Theory of the Modern Constitution" which celebrated its twentieth anniversary in 2025.
Keywords
| Type | Article |
| Information | Jurist № 04/2026 |
| Pages | 57-63 |
| DOI | 10.18572/1812-3929-2026-4-57-63 |
