Журнал Viche 2011 №3

№3, 2011

Constitutional Justice in Ukraine: Formation of a full-fledged independent institution of state power

The methodology of law that was proposed by Alexander Selivanov and A. Strizhakov, adequate to the challenges of our time, allows us to obtain objective scientific knowledge and understanding of patterns of constitutional development of the state. The authors are critical of such methodological model of the modern understanding of law, as objectivism, subjectivism and intersubjectivism. Evaluating the possibility of studying and evaluating the legal reality, which offer various methods of cognition, pointing to their vulnerability, scientists have come to the conclusion which we fully share and support: there is no sufficient grounds to speak about the existence of a universal method in the study of law. Each of the existing theories deserve attention of researchers and receive preference when it gets in their understanding of the most instrumental for a particular academic or applied areas of analysis and allows us to solve questions with the greatest degree of provability (applicability). The principle of complementarity, uncovered by the authors in the book, most organic in the estimates of the internally contradictory nature of law. Multidimensionality of the predetermine the right consistency, complementarily methods of theoretical understanding.