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THE CONSTITUTIONAL PRINCIPLE OF PLURALISM IN THE LEGAL REGULATION OF SOCIAL RELATIONS

https://doi.org/10.18384/2310-6794-2022-1-50-55

Abstract

Aim. Designate the relationship of the constitutional principle of pluralism with other principles of constitutional law, in particular with the principle of solidarity and the principle of constitutional identity. Reveal the characteristic features of the complex content of the constitutional principle of pluralism and show its significance in the modern world.

Methodology. When writing the article, general scientific and special research methods were used.

Results. Principles of constitutional law as a value in the system of legal regulation of social relations presuppose the idea that the Constitution is not just a set of norms that regulate state power, but also that regulate society. The constitutional principle of pluralism guides the legal regulation of social relations. This orientation is not just a procedure, nor is it limited to the idea of negative freedom. The strengthening of the modern state took place under the guise of nationality and national identity. This national identity is no longer legitimated in tradition and in the creation of a homogeneous society. Social pluralism is a feature of our time. The State guarantees the Constitution and the Constitution recognizes pluralism. The principle of pluralism in the legal regulation of social relations requires the development of public policies that promote inclusion and harmonious coexistence between the different groups that make up society, that is, the promotion of solidarity between different people. The challenge is immense, as it is necessary to overcome prejudice, discrimination and violence that are rooted in society. Conservatives understand that this mission is impossible and it is better to preserve the existing social order. Progressives believe in the utopia of transformation. There is no universal formula. Each State and each society must seek the possible solution in the context of its social, political, economic and cultural formation.

Research implications. The results of the study contribute to the theory of constitutional law, creating prerequisites for the development of the theory of the principles of constitutional law.

About the Author

M. Maliska
Autonomous University Center of Brazil (UniBrasil)
Brazil

Marcos Augusto Maliska – Professor of Constitutional Law at the Doctoral Program in Law

442 Rua Konrad Adenauer, 82821-020 Curitiba, Tarumã, Brazil



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ISSN 2949-5091 (Print)
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