SPECIFIC FEATURES OF THE PRINCIPLE OF SOCIAL JUSTICE: A LEGAL ANALYSIS
DOI:
https://doi.org/10.51788/Keywords:
social state, social justice, principle, equality, proportionality, procedural justice, legitimacy, differential justice, distributive justice, social protection, social securityAbstract
This article analyzes the role of the principle of social justice among the principles of law, its legal nature, its place in the modern legal system, and its main functions in a constitutional state. The subject of this study is the understanding of the normative content of the principle of social justice as a constitutional principle and a general legal idea, as well as its relationship with the concepts of equality, legal certainty, proportionality, human dignity, and the social state. The purpose of the research work is to substantiate that the principle of social justice should be applied not only as a moral and political idea, but also as a legal criterion in law enforcement practice and the law-making process. In the article, the relevance of the problem is determined by the need for social protection, socio-economic equality, and the importance of identifying real needs. Through the use of dialectical, comparative-legal, and functional methods in researching the topic, the distributive and procedural aspects of the principle of social justice were analyzed, and its legal model was developed. The normative significance of this principle is linked to constitutional norms, human rights, and the principle of proportionality. It should be noted that the proposed results can be used in the substantiation of judicial acts, in the expertise of draft laws, in the assessment of real social policy and in the processes of legal education.
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