Методологія наукових досліджень у сфері публічного права

Abstract

METHODOLOGY OF LEGAL STUDIES IN PUBLIC LAW The paper goal is to determine the main directions of legal regulation in the context of globalization according to the criteria of the rule of law, freedom, human dignity, innovation and sustainable development. The study is the disclosure of the main provisions of societal doctrine of public law, based on respect for human dignity, sustainable development and innovation in the law. The paper outlined the principles of societal constitutionalism, in which the society on the principles of subsidiarity and self-organization provides an effective system ensuring of human rights and economic democracy. To do this, depending on the type of society, should build a clear mechanism for transition from over-dirigisme, authoritarian economies to open social market economy. Critically important is to understand the multilevel nature of public power that is possible using tools synthesis’ and comparative constitutional law. For transitional constitutional democracies, borrowing positive and acceptable experience to national constitutional traditions of law-making models and legal argument is of particular importance in the power of nature and the importance of democratic legitimacy and important upholding of constitutional values. When the legal regulation and other forms of state interference imposed measures cannot encroach on the very essence of the fundamental rights and impose excessive complication or disproportionate measures of legal liability based severity of the violation and the offender. Key words: constitutionalism, freedom, democracy, judicial control, innovation, law, legal methodology, regulation, rule of law, societal constitutionalism, social market economy.