The Importance of Non-structural Elements in Normative Regulation in Constitutional Law

Abstract

The purpose of the research is to study the categorical boundaries of constitutional law in modern law science. Design/methodology/approach: The compliance with the law enforcement practice of the general opinion of constitutional law in science on the essence of constitutional legal norms is considered. The authors believe that the analysis of the content of constitutional legal phenomena requires the use of various methodologies. Findings: Various approaches to determining the essence of constitutional legal norms are disclosed and analyzed. The context of the analysis is based on the statement that there are relatively few rules of conduct in constitutional law, which make up the vast majority in other industries, and relatively many provisions of a normative nature, but are unable to produce a classical norm with a three-member structure, which affects the quality of legal regulation such as its predictability, which affects the uniformity and stability of the “standard scales of conduct.” The authors distinguish two groups of constitutional customs: rules that have not yet been included in the number of constitutional norms and rules that cannot be included in the circle of constitutional norms. Originality/value: The authors express the opinion that the framework of the category “norm of constitutional law” is artificially narrowed. New approaches to determining the essence of constitutional and legal norms are formulated, and the conclusion is made that the concept of a norm of constitutional law needs to be modernized.