22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Glazyrin, Valeriy

The author states that Western countries as pioneers of introducing supremacy of law as fundamental legal principle of modern societies demonstrates rather successful model of its implementation. On the contrary, many countries of non-Western world including Russia experience significant difficulties in implementing the constitutional principles of the supremacy of law. Therefore, the main aim of the article is to answer the following question: “How the supremacy of law is possible today?” In order to achieve this aim the author at first defines and describes the “drivers” of the supremacy of law. They include principles (ideas) of law, power elite and civil society. Then, the author considers the situation of social contract as the primary condition, which allows “drivers” of the supremacy of law to fulfill their historical mission. It is mentioned that not every social contract promotes introduction of the supremacy of law in the society. Supremacy of law is implemented within such social contract where law and rights are its subjects. The legal situation in contemporary Russia is considered; it is mentioned that in the legal field both legal and non-legal tendencies are presented; a proper social contract concerning law and rights of Russian citizens is still to be made.

 

Keywords: law, supremacy of law, constitution, contradiction, conflict, social contract.

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