Current tendencies of constitutionalism in the context of globalization
Transformation of the national legal system in the conditions of globalization.
constitutionalism
Axiological determination of constitutional identity
The role and functioning of the european commission democracy through law in the conditions of approval of modern constitutionalism in Ukraine
The article examines the role of the Venice Commission in the establishment of modern constitutionalism in Ukraine. The guarantee of the protection of constitutionalism is the vocation of the Venice Commission. The work of the European Commission for Democracy through Law is based on three basic principles of the European constitutional heritage: democracy, human rights and the rule of law, which at the same time form the basis of the Council of Europe's work.
The problem of the nature of people’s sovereighty and its definition in the constitutional law
The essence of people’s sovereignty as a legal phenomenon is clarified and its author’s definition for the science of constitutional law is proposed.
The Constitution of the Ukrainian People's Republic of 1918: theoretical and legal characteristics
The article highlights the issues of complex characteristics of the Constitution of the
Ukrainian People's Republic of 1918 as a normative act and political document, its content and
legal qualities, as well as its place and role in the process of formation and development of
domestic constitutionalism
Сivil rights and freedoms as the basic criterion for legitimacy and constitutionality of state power
The essence and nature of civil (personal) rights, securement of which is the main criterion for the legitimacy of state power is found. Implementation of civil rights, according to the author, is closely linked to the political rights of citizens enshrined in the Constitution.
Constituent power and constitutional reform in Ukraine
There are analyzed the theoretical foundations of the issue of constituent power and the possibility of its practical implementation in terms of constitutional reform in Ukraine, including the possible adoption of a new Constitution of Ukraine. According to the author, adoption of a new Fundamental Law of Ukraine by popular election of the Constitutional Assembly could contribute to the growth in the society the authority of the Constitution, establishment of political stability in the country and restore public confidence in the government.
On the question of the legal nature of socio-economic rights in the context of the modern doctrine of constitutionalism
The main problems of the legal nature of socio-economic rights are examined. Scientific approaches of their realization in comparison with personal and political rights of the “first generation” are studied. The need for the existence of social and economic rights on the level of constitutional regulation is analyzed
Separation of powers as part of modern constitutionalism: ukrainian and foreign experience in the context of models of governance
The main problem of separation of powers as an element of modern constitutionalism are examined. Ukrainian and foreign experience in selecting of models of governance and the factors that influence this selection are studied. The questions of separation of powers by the example of such countries as Ukraine, the USA, Germany, UK are analyzed.
Key aspects of the modern understanding of constitutionalism
The main aspects of the modern understanding of constitutionalism are determined.
Basic approaches to understanding of the doctrine of constitutionalism as limitation of power
and its elements are figured out. Institutional, normative and axiological components of
modern constitutionalism are analyzed