Subject Matter of Constitutional Law and Constitutional Image of Law-Governed Individual

Abstract

The constitutional-legal interpretation of the concept of "individual" is analyzed. The influence of the process of social and political transformations, changing attitudes to the role of the Russian Constitution in the life of an individual, society, state, as well as the change of knowledge paradigms in constitutional legal science on the transformation of the subject matter of constitutional law are noted. It is proposed to use the methodological resources of the philosophy of law, philosophy of the constitution and legal anthropology in constitutional and legal research. The concept of "individual" is considered as a basic constitutional legal concept, embodying the complex dialectical nature of the integration of the content and positive forms of legal freedom (natural and positive rights). It is concluded that the modern knowledge of the law-governed individual in the science of constitutional law is positioned in two levels: ideological and praxeological. The foundations of the constitutional and legal status of a person and a citizen legitimize the basic scope, frameworks and forms of the legal behavior of individuals in society and the state, personify the interests of the social strata of society and are an identifier of the legitimacy of the Constitution itself. The ratio of real and legal status of an individual can act as a determinant for the adoption of a new constitution or reform of the current one. The praxeological significance of the constitutional-legal status of a person and a citizen consists in bringing theoretical studies closer to the understanding of the vector of practical realization of constitutional ideas and acts as a means of dialogue between an individual and the State.