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The Constitutional Law Subject Matter: An Area of Scientific Search

https://doi.org/10.17803/1994-1471.2018.95.10.114-119

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Abstract

The content of the subject matter of the branch of law not only forms the basis for a modern theoretical discourse, but it is also consolidated in legal instruments. The passport of scientific specialty that demonstrates the content of the relations to be studied and analyzed within the framework of the thesis is the basis for expert evaluation of scientific work. It is an instrument to which the same requirements must be applied as to any other regulatory act affecting the rights and obligations of a person. In particular, this instrument must meet the criteria of legal certainty, consistency, clarity. Theoretical approaches to the formation of the limits of the constitutional law subject matter do not make it possible to separate it from other related branches. There are no clear criteria for such separation. At the same time, the need to restrict constitutional law subject matter from other branches still exists, since the content of the subject matter that is expressed in the scope of relevant legal relations functions as a criterion for the assessment of the thesis that incurs certain legal consequences for the author. It is hardly possible to develop legal criteria for a clearer definition of the boundaries of the subject matter of the branch of law (and, therefore, scientific specialty). Therefore, we need in doctrinal approaches to the assessment of relations that form the subject of the branch of law.

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Malyi A.F. The Constitutional Law Subject Matter: An Area of Scientific Search. Actual Problems of Russian Law. 2018;(10):114-119. (In Russ.) https://doi.org/10.17803/1994-1471.2018.95.10.114-119

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)