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LEGAL LIBERALISM AS THE BASIS FOR THE EXISTENCE OF THE CONSTITUTIONAL STATE

V. E. Berezko

Abstract

The research paper analyses the concept of legal liberalism as the framework for the existence of freedom in modern constitutional states. The genesis of the concept of legal liberalism originates from the works of ancient philosophers, who used to create various theories of ideal states. However, an in-depth analysis of this issue was carried out by great German philosophers Immanuel Kant and Georg Hegel. In Russia, a number of prominent scholars, such as Boris Chicherin, Pavel Novgorodtsev and many others, also focused on the problem in question. The basic maxim of legal liberalism states that freedom should be restricted by law, otherwise it will be doomed to disappear from objective reality. This issue is of great concern for modern constitutional states, hence there has been a heated debate on the scope of freedom and legal rights granted to individuals. This is particularly the case for modern Europe from the perspective of concerns, which have arisen due to uncontrolled migration. The research involves such methods as logical analysis, systematic method, comparative legal and exegetical methods.

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