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Journal articles on the topic 'CONSTITUTIONAL NORMS'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Wella, M. "La défense de l’ordre constitutionnel par l’Armée : le cas du Togo." Journal de la Recherche Scientifique de l’Université de Lomé 26, no. 4 (2025): 29–58. https://doi.org/10.4314/jrsul.v26i4.13.

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L’ordre constitutionnel, en tant qu’agencement par la Constitution des normes et institutions dont le respect est nécessaire, est souvent protégé dans le but de garantir la suprématie de la Constitution et la stabilité même du système constitutionnel. Classiquement, l’ordre constitutionnel est protégé par le juge constitutionnel et le Président de la République. Au Togo, le constituant associe désormais l’Armée à la défense de cet ordre. Si ce choix vise à renforcer les mécanismes de protection de la constitution et de ses institutions, il n’en demeure pas moins qu’il restructure l’ordre const

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2

Shustrov, Dmitry. "Supra-constitutional norms in constitutional law." Sravnitel noe konstitucionnoe obozrenie 30, no. 1 (2021): 100–127. http://dx.doi.org/10.21128/1812-7126-2021-1-100-127.

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The idea of supra-constitutionality was formulated in the science of constitutional law in the second quarter of the 20th century and associated with the names of M.Hauriou and K.Schmitt, who for the first time noticed the possibility of the existence of norms that are higher than the constitution. This article is an attempt to give the doctrine of supra-constitutionality an actual theoretical and dogmatic meaning in the context of the study of the material limits of constitutional changes. The doctrine of supra-constitutionality claims to play an important role in explaining that unchangeable

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3

Barseghyan, Sose. "Manifestation of Direct Application of Constitutional Norms in the Field of Law Enforcement." Bulletin of Yerevan University C: Jurisprudence 14, no. 2 (39) (2023): 61–68. http://dx.doi.org/10.46991/bysu:c/2023.14.2.061.

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The article refers to the application of constitutional norms by the courts and the interpretation given in the practice of the Constitutionl Court. In particular, the right of a person to seek judicial linitgation to protect his/her constitutional rights, the jurisdiction of the courts to apply the Constitution, the relantionship between the principle of supremacy of Constitution and the concept of implementantion of Constitution, the duty of ordinary courts to appeal to the Constitutional court and simultaneously justify unconstitutionality of a legislative norm, have become the subject of d

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4

Protsevskiy, V. A., E. V. Gorlov, and S. A. Zaporozhets. "The Impact of Constitutional Norms and Principles on Constitutional Economics." Lex Russica, no. 5 (May 26, 2022): 89–97. http://dx.doi.org/10.17803/1729-5920.2022.186.5.089-097.

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The paper considers the problems of constitutional and legal regulation in the sphere of the Russian economy; the thesis that the Constitution of the Russian Federation defines the essential features of the economy is investigated and substantiated. On the one hand, the effectiveness of constitutional legal norms depends on the state of the economy, and on the other hand, it is possible to ensure the effectiveness of the economy only through constitutional norms (norms-principles).The paper examines the genesis of constitutional legal regulation in the field of economic relations. The norms an

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5

Lipinsky, D. A., and A. A. Ivanov. "MANIFESTATIONS OF LEGAL ANOMY IN THE FIELD OF IMPLEMENTATION OF CONSTITUTIONAL NORMS." Ex jure, no. 4 (2024): 7–25. http://dx.doi.org/10.17072/2619-0648-2024-4-7-25.

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the article analyzes the problematic issues of the actual implementation of the prescriptions of constitutional norms. The relevance of the stated research topic is substantiated, as well as the presence of significant discrepancies between the actual and legal constitutions in the Russian Federation. It is noted that the Constitution of the Russian Federation of 1993 was initially considered as a transitional document designed to prepare society for the perception of new social realities. Considered in this capacity, she has already practically completed her tasks. The authors critically asse

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Ali, Mohammad Mahrus. "Konstitusionalitas dan Legalitas Norma dalam Pengujian Undang-Undang Terhadap Undang-Undang Dasar 1945." Jurnal Konstitusi 12, no. 1 (2016): 172. http://dx.doi.org/10.31078/jk12110.

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The Constitutionality of norms are inseparable with the model of judicial review of laws against the 1945 Constitution of the Republic of Indonesia. It can be see from the reviews of abstract and concrete norms by the Constitutional Court of the Republic of Indonesia. The review of conrete norms in the decision of judicial review basically does not constitute authority of the Constitutional Court. Theoretically, norms review should be starting from abstract norms as the implications of the Constitutional Court authority. In order to review the constitutionality of laws, norms and abstract norm

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7

Burazin, Luka, and Svan Relac. "Primjena Ustava od strane (hrvatskih) redovnih sudova." Zbornik Pravnog fakulteta u Zagrebu 73, no. 5 (2023): 841–79. http://dx.doi.org/10.3935/zpfz.73.5.02.

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The paper deals with the “application of the Constitutionˮ by ordinary courts. On the basis of literature review and preliminary Croatian case law research, six paradigmatic cases of the application of the Constitution by ordinary courts were selected (facts of the case directly regulated by constitutional rules, statutory gaps, avoidable in abstracto antinomies between constitutional and statutory norms, avoidable in concreto antinomies between constitutional and statutory norms, unconstitutionality of individual judicial and administrative decisions, and unavoidable in abstracto antinomies b

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8

Kowalik-Bańczyk, Krystyna. "Should We Polish It Up? The Polish Constitutional Tribunal and the Idea of Supremacy of EU Law." German Law Journal 6, no. 10 (2005): 1355–66. http://dx.doi.org/10.1017/s207183220001436x.

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Just one year after Polish accession to the European Union, the Polish Constitutional Tribunal was provided the opportunity to clarify its position regarding the supremacy of EC and EU law. In its two recent judgments, it joined the long tradition of a rather uneasy relationship between national Constitutional Courts and European Court of Justice (ECJ). The uneasiness of this relationship results from an ever-unsolved dilemma – which of the two judicial fora should have the last word in case of conflict between European norms and national constitution norms? The solution given by European Cour

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9

BREZHNEV, O. V. "CONSTITUTION OF 1993 AND THE DEVELOPMENT OF CONSTITUTIONAL JUSTICE IN RUSSIA." Ser-11_2023 64, no. 6, 2023 (2024): 59–79. http://dx.doi.org/10.55959/msu0130-0113-11-64-6-4.

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The article reveals various aspects of the in uence of the Constitution of the Russian Federation of 1993 on the development of national constitutional justice. Such development is ensured through the improvement of constitutional norms by the legislator and, in this regard, the signi cance of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ, the adoption of which led to a certain modi cation of the existing model of constitutional justice, is revealed. It is shown how the understanding of constitutional norms on the o

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10

Kelman, Mykhaylo. "Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (Part 2)." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 45 (2025): 63–71. https://doi.org/10.23939/law2025.45.063.

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Over the twenty-nine years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfections in the legislation governing its activities. Constitutional control is a set of legal means by which the implementation of constitutional norms is ensured, the procedure for verification of acts of power, including general norms, is carried out, and in case of contradiction to the Constitution, the lower-level norms adopted in accordance with them are declared unconstitutional. The basis of this control is complianc

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11

Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods.

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12

Medvid, A. B. "Constitutional metamorphosis: analysis of amendment procedures to the Basic Law in the context of global transformations." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 142–47. http://dx.doi.org/10.24144/2788-6018.2023.06.24.

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The article is devoted to the study of constitutional metamorphoses in the context of global transformations, in particular the analysis of the procedures for introducing changes to the basic law in different countries of the world. Modifications in modern geopolitical, economic and socio-cultural conditions caused the need to revise and adapt constitutional norms in order to bring the latter to the requirements of modern challenges and realities. Thescientific article examinesvarious approaches to the legal mechanism of amending constitutions in countries with various legal traditions a

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13

SHUSTROV, Dmitry Germanovich. "Constitutional Unchangeability and the Material Limits of Constitutional Changes in the Practice of Constitutional Courts." Journal of Constitutional Justice 1 (February 29, 2024): 23–29. http://dx.doi.org/10.18572/2072-4144-2024-1-23-29.

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The article deals with a comparative legal study of constitutional unchangeability and material limits of constitutional changes in the practice of constitutional courts. The material limits of constitutional changes are prohibitions on changing certain constitutional norms. The unchangeability of constitutional norms is not identical with their eternity. Unchangeable constitutional norms cannot be changed within the framework of the current constitution, but can be revised in a particularly complicated manner, in fact, meaning the adoption of a new constitution. The first attempts to formulat

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14

Pustovalova, I. "The Constitution as a constituent document on the economic system of society." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 65–71. http://dx.doi.org/10.24144/2307-3322.2021.69.10.

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The article discusses the doctrinal definition of the potential capabilities of the constitution to establish the principles of the economic system of society, the relevant normative tools with which the constitutionalization of the economic system takes place, and it also turns out how the backbone (constituent) norms relating to the economic system are presented in the constitutions of various "generations". Based on the results of the study, the conclusion is substantiated that the impact of the constitution on the economy is most tangibly manifested in the intersection of the constituent a

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15

Arrsa, Ria Casmi, Endrianto Bayu Setiawan, Atla Tegar Habib, et al. "Jaminan Hak Konstitusional Berdasarkan Konsep Green Constitution." Jurnal Kajian Konstitusi 4, no. 1 (2024): 25. https://doi.org/10.19184/j.kk.v4i1.39842.

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Konstitusi hijau merupakan konsep yang mengakomodasi jaminan perlindungan lingkungan hidup ke dalam konstitusi sebagai hukum dasar negara. Dalam perkembangannya, Konstitusi Ekuador 2008 merupakan salah satu konstitusi yang mengatur jaminan hak konstitusional lingkungan secara progresif dan lebih lengkap. Dengan diaturnya norma lingkungan ke dalam konstitusi, maka hal itu menunjukkan keseriusan negara menjamin kelestarian lingkungan dan keberlangsungan generasi di masa mendatang. Penelitian ini menggunakan metode yuridis normatif atau doktrinal yang mengkaji hukum tertulis dari aspek teoritis d

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16

Fedorenko, V. L., and M. V. Fedorenko. "Principles of constitutional law: essence, content and system." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 160–66. http://dx.doi.org/10.33663/2524-017x-2022-13-25.

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The publication is devoted to identifying the essence and content of the category of “principle of constitutional law” and identifying its relationship with related but not identical categories: values, ideals, foundations, principles, objectives, mandatory rules, laws, etc. Genesis and development of ideas about the principles of constitutional law and their consolidation in constitutions and constitutional acts are analyzed. The systematization of the main types of relevant principles and groups is carried out: principles of constitutionalism and constitutional doctrine, principles of scienc

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17

Orlović, Slobodan. "The parallelism of Serbian constitutional norms on the concept and competences of autonomies." Nauka bezbednost policija, no. 00 (2024): 23. http://dx.doi.org/10.5937/nabepo29-50926.

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Serbia is a decentralised unitary state comprising two territorial autonomies - the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija. The autonomies are constitutional institutions (categories), which means that their status is generally regulated by the Constitution. However, this regulation primarily concerns Vojvodina, whereas Kosovo and Metohija's status will be determined by a special law, which will embody the constitutionally proclaimed 'substantial autonomy'. The Constitution determines the concept and competences of provinces through six articles, le

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18

Meyer Resende, Madalena. "A Holy Alliance between the Catholic Church and Constitution-Makers? The Diffusion of the Clause of Cooperation in Third Wave Democracies." Politics and Religion 11, no. 1 (2017): 55–78. http://dx.doi.org/10.1017/s1755048317000311.

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AbstractWhat explains the adoption of the regime of cooperation between church and the state in the democratic constitutions of Spain and Poland, while Portugal maintained a regime of strict separation in the United States and French tradition? The explanation could be that a consensual constitution-making process resulted in a constitutional formula accommodating religion and guaranteeing religious freedoms. Alternatively, the constitutional regime of cooperation could result from the diffusion of international norms to national constitutions, in this case, the cosmopolitan law of the church.

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19

Harisudin, M. Noor, and Fika Alfiella. "KEWENANGAN POSITIVE LEGISLATURE MAHKAMAH KONSTITUSI DALAM PENGUJIAN UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR 1945." Constitution Journal 1, no. 1 (2022): 1–18. http://dx.doi.org/10.35719/constitution.v1i1.4.

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This study aims to analyze the authority of the Constitutional Court in setting new norms in cases of judicial review of the Constitution. Basically the Constitutional Court is a branch of judicial power, but the fact is that the Constitutional Court has several times made decisions containing new norms in judicial review of the Constitution. This research uses normative juridical research and library research (library) which focuses on library activities to obtain data without conducting research in the field. The results of this study are: 1) The authority of the Constitutional Court has bee

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20

Eddyono, Luthfi Widagdo. "Independence of the Indonesian Constitutional Court in Norms and Practices." Constitutional Review 3, no. 1 (2017): 71. http://dx.doi.org/10.31078/consrev314.

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Article 24 (1) of the 1945 Constitution States after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” The Indonesian Constitutional Court is one of the performers of the independent judicial power who plays a significant role in the enforcement of the constitution and the principle of the state based on the law by its authority and obligations as determined by the 1945 Constitution. This paper intends to study the Indonesian Constitutional Court to find out whether the Constitutional Court in exercising its constituti

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21

Авакьян, Сурен, and Suryen Avakyan. "CONSTITUTIONAL LEGAL REFORMS: OBJECTIVE AND SUBJECTIVE FACTORS." Journal of Foreign Legislation and Comparative Law 2, no. 1 (2016): 0. http://dx.doi.org/10.12737/18201.

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This article analyzes objective and subjective factors, which influence on appearance of constitutions and on current constitutional legal reforms. The author makes a conclusion that such development often features a significant role in ensuring action of constitutional norms of processes in sub-constitutional regulation. Key factors in appearance of new constitutions and constitutional reforms overall are economic and especially political crisis. Objective factors of importance of constitutional legal reforms may totally depend on subjective circumstances. The author also discusses the idea o

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22

Mikuli, Piotr. "Niepisane normy konstytucyjne i ich skuteczność (zarys problemu)." Przegląd Konstytucyjny 2024, no. 4 (2025): 43. https://doi.org/10.4467/25442031pko.24.024.21486.

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The article delves into the contemporary significance of unwritten norms within constitutional frameworks. The author observes that such unwritten constitutional norms maintain relevance even in countries with a codified constitution. In this context, the author advocates for a rethinking of the traditional approach to customary constitutional law and constitutional conventions, particularly within the Polish constitutional scholarship, a perspective to which the author previously adhered. In the subsequent sections, the author explores the efficacy of unwritten constitutional norms, positing

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23

Malyy, Alexander F. "The categorical apparatus of the Constitution of the Russian Federation." Izvestiya of Saratov University. Economics. Management. Law 25, no. 1 (2025): 56–63. https://doi.org/10.18500/1994-2540-2025-25-1-56-63.

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Introduction. The Constitution of the Russian Federation is a political and legal document, which determines the presence in it of a large number of norms-principles, norms-goals, norms-declarations. The propositions stipulated in them are often referred to as categories, since they have concepts that are “extreme in terms of the level of generalization”. At the same time not all propositions can be attributed to the number of categories. Theoretical analysis. The criteria formulated by scientists who specialize in the field of theory of law were taken as the basis for differentiating the lega

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Karnaukh, O. A. "The formation of constitutional norms in Latin American countries: a historical aspect." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 134–41. https://doi.org/10.24144/2788-6018.2025.03.1.18.

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The article is devoted to the historical and legal analysis of the formation of constitutional norms in Latin American countries and the identification of the key features of the first constitutional acts, which were shaped under the influence of colonial legacy, European legal positivism, and North American republicanism. The study examines the stages in the evolution of legal regulation of social relations in the region – from the dominance of customary law in the pre-colonial period to the development of national legal systems after independence. The author explores the impact of external f

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Пресняков, Михаил, and Mikhail Pryesnyakov. "Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation." Journal of Russian Law 4, no. 8 (2016): 0. http://dx.doi.org/10.12737/20906.

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In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of

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26

Kucina, Irēna. "Polish Constitutional Tribunal’s Judgement Regarding Supremacy of the Polish Constitution Over EU Law: The Next-Level Debate on the “Last Word’’." Journal of the University of Latvia. Law 15 (November 16, 2022): 204–14. http://dx.doi.org/10.22364/jull.15.14.

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2021 judgement K 3/21 of Poland’s Constitutional Tribunal (Trybunał Konstytucyjny, hereinafter – the Tribunal) concerns compatibility of some norms of Treaty on European Union (TEU) with Polish constitution. According to the Tribunal, contested norms of TEU are incompatible with relevant norms of the Polish constitution. It also suggested that Polish government institutions follow national constitutional rules in case of any conflicts. In essence, the Tribunal ruled that Polish constitution shall supersede TEU in specific cases brought before the constitutional court. This ar

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27

Faiz, Pan Mohamad. "Perlindungan terhadap Lingkungan dalam Perspektif Konstitusi." Jurnal Konstitusi 13, no. 4 (2016): 766. http://dx.doi.org/10.31078/jk1344.

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Nowadays there is a tendency in many countries to protect the environment by incorporating general principles of environment into a state or a regional constitution. This article aims to examine the extent to which environmental protection can be provided through the adoption of those constitutional norms. This study was conducted using a qualitative methodology with a normative approach and library research derived from court decisions, law and regulations, books and journal articles. It concludes that the Indonesian Constitution contains constitutional norms for the environmental protection.

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28

Kravets, Igor. "The idea of citizens’ assemblies and other forms of citizens’ participation in constitutional changes and public initiatives: experience and prospects for constitutionalization in the New and Old World." Sravnitel noe konstitucionnoe obozrenie 33, no. 4 (2024): 40–60. https://doi.org/10.21128/1812-7126-2024-4-40-60.

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The article discusses the theoretical foundations and applied aspects of deliberative and popular constitutionalism, forms of citizen’ participation in constitutional changes and public initiatives. The author reveals scholarly approaches to understanding interaction between the constituent power and the democratic creation of constitutions and constitutional amendments, taking into account the conceptualization and use of democratic innovations in constitutional design and public space. In the countries of the New and Old Worlds, in the global South and in the countries of the European contin

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Sciuchina, Natalia. "Constitutional values and legal regulation of labor relations." National Law Journal, no. 2(250) (May 2024): 110–19. http://dx.doi.org/10.52388/1811-0770.2023.2(250).12.

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The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which e

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PARK, JONGHYUN. "A Review of the Constitutional Court's Use of International Human Rights Norms." Korean Constitutional Law Association 28, no. 3 (2022): 97–143. http://dx.doi.org/10.35901/kjcl.2022.28.3.97.

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Since the World War, international cooperation has been made to preserve the peace and interests of the human community, and representative results include the creation of international organizations and the establishment of international human rights treaties and norms(conventions). In particular, as the issue of human rights protection is recognized as a significant governmental matter, each country is striving to find a means to secure the legal effectiveness of international human rights norms within the country. However, given that the contents of international human rights norms are gene

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Yerzhanova, F. A., and M. Yu Abdakimova. "Constitutional and legal aspects of the ratio of international and domestic law." Bulletin of the Karaganda University “Law Series” 97, no. 1 (2020): 12–20. http://dx.doi.org/10.31489/2020l1/12-20.

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The article discusses the content and role of constitutional legal regulation of the ratio of domestic and international law in Kazakhstan and foreign countries. The authors show the domestic and foreign specifics of the constitutional regulation of the correlation of national and international law, different approaches of legislators to fixing the correlation of domestic and international law in the Basic Laws are indicated. The article also addresses the problems of interaction between international and constitutional law. The authors highlight theoretical and practical issues related to the

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Lailam, Tanto. "Konstruksi Pertentangan Norma Hukum dalam Skema Pengujian Undang-Undang." Jurnal Konstitusi 11, no. 1 (2016): 18. http://dx.doi.org/10.31078/jk1112.

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The study elaborated on the construction of “conflict of legal norms” in constitutional review scheme. There are eleven problems as result of this study, which include: The ideology of the state “Pancasila” as a standard review of “conflict of legal norms” act against 1945 constitution; Constitutional court has a review of act passed before and after 1945 Constitution amendment with standard of 1945 constitution; 1945 constitution is “the living constitution” for the enforcing of law and justice; Constitutional court has authority to review of act against 1945 constitution by vertical and hori

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Muhammad Taufiq Hafid, Willy Talentaniko, and Yudi Pratama Tanjung. "Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang." Amsir Law Journal 2, no. 1 (2020): 1–11. http://dx.doi.org/10.36746/alj.v2i1.27.

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Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu. However, Constitutional Court through decision No. 138/PUU-VII/ 2009 states that the Constitutional Court has authority to examine Perppu again

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Yenny, Oktavani. "PERLUASAN WEWENANG MAHKAMAH KONSTITUSI SEBAGAI PENGAWAL KONSTITUSI." TANJUNGPURA LAW JOURNAL 4, no. 1 (2020): 39. http://dx.doi.org/10.26418/tlj.v4i1.41787.

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Becoming one of the materials inside the fifth amendment of Undang-Undang Dasar Negara Republik Indonesia 1945 (The 1945 Constitution of Republic Indonesia), Constitutional Court authority now has become one of the essential concerns given that the function as "the guardian of the constitution" it became crucial in the protection of the constitutional rights of citizens. Along with times, violations of citizens constitutional rights are no longer based solely on legal norms, but violations committed against the application of norms by state institutions or public bureaucratic institutions (Con

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Смирнов, В. А. "Interpretation of the Constitution as a Way of Developing the Content of its Norms: a Comparative Study of the Experience of the Russian Federation and Foreign States." СОВРЕМЕННОЕ ПРАВО, no. 8 (August 31, 2024): 101–9. http://dx.doi.org/10.25799/ni.2024.98.57.020.

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Целью работы является сравнительно-правовое исследование проблем толкования конституции, в том числе для обеспечения развития содержания конституционных норм, их адаптации для регулирования новых общественных отношений, гармонизации их смысла с изменившимися конституционно-значимыми социальными ценностями. Выявлены уровни толкования конституционных норм; установлено, что судебный орган конституционного контроля не является единственным его субъектом, его интерпретация конституционных норм финализирует развитие их содержания в общественной практике и в деятельности органов публичной власти. Исс

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Chirninov, Aldar. "Searching for relevant arguments: the structure of constitutional argumentation." Sravnitel noe konstitucionnoe obozrenie 31, no. 3 (2022): 33–61. https://doi.org/10.21128/1812-7126-2022-3-33-61.

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Being a kind of evaluation activity, constitutional review requires proceeding with a set of tasks, starting from determining criteria for constitutionality, describing prescriptive properties of challenged legal norms, and ending with their comparison, which results in the complex nature of constitutional argumentation. Analyzing what elements the structure of constitutional argumentation consists of, the author demonstrates that a primary thesis of constitutional argumentation can be presented as a normative statement containing an indication of the circumstances in which a legal norm at iss

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Sadovnikova, G. D. "30 Years of the Constitution of the Russian Federation: Traditional Values and New Priorities." Actual Problems of Russian Law 18, no. 10 (2023): 45–53. http://dx.doi.org/10.17803/1994-1471.2023.155.10.045-053.

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On the eve of the 30th Anniversary of the Constitution of Russia, the author makes an attempt to evaluate the Russian basic law, the content of the norms enshrined in the Constitution for their compliance with traditional values, i.e., spirituality, conciliarity, and civilizational identity inherent in the peoples of Russia. The anniversary date makes it possible to comprehend the meaning of traditional values, their reflection in the basic laws of the Russian State adopted in different historical periods. The author examines approaches to the concept of constitutional (constitutionally signif

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Wabuke, Emmah Khisa Senge. "Possibilities of New Approaches to Gender, Security and Constitutionalism: A Living Gender Probe into Kenyan National Security Architecture in the Constitution." Verfassung in Recht und Übersee 56, no. 1 (2023): 191–212. http://dx.doi.org/10.5771/0506-7286-2023-1-191.

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This paper situates itself within existing feminist constitutionalism analyses by noting that constitutions and constitutional processes are gendered and that constitutional norms may have different consequences for different genders. However, it attempts to extend these existing theories to interrogate how, if at all, feminist constitutional approaches may make credible interventions into the national security architecture given in the constitution. To this end, this paper proposes ‘living gender’ as a model of analysis. This model requires a deliberate inclusion of gender in the architectura

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Irklienko, A. "Loyalty to the Constitution of Ukraine as the main type of legal understanding." Uzhhorod National University Herald. Series: Law 1, no. 73 (2022): 53–56. http://dx.doi.org/10.24144/2307-3322.2022.73.9.

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The article is devoted to the critical review of peculiarities of philosophical and legal substantiation of the issue of fidelity to the Constitution of Ukraine as the main type of legal understanding. It has been generalized that the supremacy of the Constitution of Ukraine creates in the modern conditions of international integration and processes of globalization the problem of coordination and legal provision of the priority effect of the constituent and basic norms of intra-state law and norms of international and European law (as well as various segments of the integration law). It has b

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Нежинская, К. С. "HISTORICAL HERITAGE IN CONSTITUTIONAL NORMS." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 4(107) (December 25, 2023): 66–77. http://dx.doi.org/10.55001/2312-3184.2023.17.89.006.

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Введение. Целью исследования стало изучение различных подходов к трактовке понятия идеология, процесса закрепления и развития государственной идеологии в России. Анализ закономерностей развития идеологической функции государства был проведен через призму аксиологического подхода к пониманию права и сущности Конституции Российской Федерации, ее развитии в национальном законодательстве. Материалы и методы. Нормативную основу исследования составили Конституция Российской Федерации, федеральное законодательство, а так же нормы документов стратегического планирования, направленных на формирование и

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Berchenko, Hryhorii. "General Characteristics of the Unamendable Norms of the Constitution." Philosophy of law and general theory of law, no. 2 (January 25, 2023): 78–92. http://dx.doi.org/10.21564/2707-7039.2.269185.

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The article considers the phenomenon of unchanging provisions of the constitution, their evolution, different classifications. Immutable provisions are considered narrowly – as provisions that are not subject to any changes, as well as criteria (principles), which the changes made should notcontradict. Synonymous concepts denoting immutability are considered – absolute entrenchment, the clause of eternity, stone provisions. The idea of supra-constitutionality, however, is seen as a different phenomenon from the unchanging provisions of the constitution. It is claimed that thematerial (substant

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Shinar, Adam. "Deconstructing Mixed Constitutions." Law & Ethics of Human Rights 16, no. 1 (2022): 167–92. http://dx.doi.org/10.1515/lehr-2022-2005.

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Abstract A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” Second, an

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Safina, Svetlana Borisovna. "Stability of the Constitutions of the Republics within the Russian Federation: theoretical and practical aspects." Юридические исследования, no. 10 (October 2024): 55–65. http://dx.doi.org/10.25136/2409-7136.2024.10.71882.

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The object of the study is the constitutions of the regions (Republics) within the Russian Federation. The subject of the study is the properties of stability of the constitutions of the republics within the Russian Federation. These properties of regional constitutions are analyzed taking into account the fact that they are part of the legal system of the Russian Federation and are an element of the Russian legislative system. The article examines the legal foundations enshrined in the constitutions of the republics, the regulatory mechanisms for ensuring the stability of constitutional texts

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Tymchenko, Leonid. "International Legal Norms in the System of the Ukrainian Constitution." Baltic Yearbook of International Law Online 15, no. 1 (2016): 181–90. http://dx.doi.org/10.1163/22115897-90000065b.

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This article studies influence of international legal norms on the Ukrainian Constitution. Special attention is given to the provisions of Article 9 of the Constitution which regulates the implementation of international treaties in the legal system of Ukraine. The creation and main directions of activity of the Constitutional Assembly are analyzed. The author arrived at the conclusion that the main drawback of the current Constitution is the declarative nature of some constitutional provisions.

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Mocherad, Anna. "Decision of the Constitutional Court of Ukraine as interpretation legal acts." Visegrad Journal on Human Rights, no. 6 (March 14, 2024): 133–45. http://dx.doi.org/10.61345/1339-7915.2023.6.22.

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The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The speci

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Slinko, T. M. "Сompetence of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine: comparative legal analysis". Uzhhorod National University Herald. Series: Law 2, № 73 (2022): 215–18. http://dx.doi.org/10.24144/2307-3322.2022.73.63.

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Reflections on «possible constitutions of Europe» can have two directions. On the one hand, one can wonder about the legal form of the European Union: the fact that it is no longer a confederation of states, but not yet a federal state, requires a legal classification, for which a new concept of Verfassungsverbund was created in Germany, that is, a constitutional union. On the other hand, the question arises as to which national constitutions, or which parts of these constitutions, or which individual norms of these constitutions are best used to build a constitutional order in Europe. Solving

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Karpenko, K. V. "Constitutional identity and institutional autonomy of state." Journal of Law and Administration 17, no. 2 (2021): 33–41. http://dx.doi.org/10.24833/2073-8420-2021-2-59-33-41.

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Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. C

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van Staden, Marius, and Elena Gladun. "Constitutional change: a new facet of comparative constitutional law: Book review: Routledge Handbook of Comparative Constitutional Change / ed. by X.Contiades, A.Fotiadou. London: Routledge, 2020." Sravnitel noe konstitucionnoe obozrenie 32, no. 1 (2023): 146–71. https://doi.org/10.21128/1812-7126-2023-1-146-171.

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No constitution can remain unchanged for an extended period of time. This fact has long been recognized by constitutional scholars and shown by the practice of numerous states. Objective and subjective conditions, including political, financial, and biological crises as well as internal socio-economic problems of states lead to the inability of constitutions to fulfill their main functions and to their changing with the needs of the times. Changes may concern both individual provisions in the text of the constitution and constitutional identity and values. The consequences of constitutional ch

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Tsalla, Helen. "Aristotle on Political Norms and Monarchy." Politeia 1, no. 3 (2019): 45–67. http://dx.doi.org/10.5840/politeia20191319.

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Constitutions differ in kind, according to Aristotle (Politics, III), and the perverted ones are posterior to the nondeviant ones. This paper interprets Aristotle’s treatment of monarchy in light of his distinction in Posterior Analytics (I) between the order of being (constitutional types) and the order of experience (existing constitutions). The paper moves from an analysis of political definitions (Politics, III) and their psychological implications to Aristotle’s analysis of kingship as a species of constitutional correctness. It becomes apparent that, when discussing the relation between

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Severuhin, Vladimir. "Specification and interpretation of the norms of the Constitution of the Russian Federation in 2020: theoretical and practical aspects." Advances in Law Studies 9, no. 2 (2021): 21–25. http://dx.doi.org/10.29039/2409-5087-2021-9-2-21-25.

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The article reveals the specifics of the specification and interpretation of the norms of the Constitution of the Russian Federation in 2020. The author analyzes the factors influencing the interpretation of the content of constitutional norms. The peculiarities of the impact of domestic conditions and international positions on the hierarchy of regulations are revealed. Particular attention is paid to the possibilities of law-making activities in modern Russian conditions. The achievement of legal certainty in the specification of norms is justified by the need to use the general principles o

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