Deconstruction of basic Concepts of Public Law as a methodological problem of Post-Socialist Legal Science

Abstract

The article discusses the methodological aspect of the deconstruction of basic legal phenomena on the example of public law concepts of constitutionalism and the foundations of social (constitutional) order. The authors draw attention to the fact that the rejection of the stereotypical perception of these concepts (phenomena) in the changing political situation of the “post-socialist space” will make it possible to more precisely understand their real practical significance. So, in particular, even if the political leadership denies certain values of constitutionalism, in a country where the independence of the judiciary and the human rights function of constitutional principles remain, there is the prospect of restoring the rule of law based on constitutional values.