FEATURES OF THE SITUATION OF THE BODIES OF THE CONSTITUTIONAL CONTROL IN SOME COUNTRIES OF THE ROMANIAN-GERMAN LEGAL SYSTEM: A HISTORICAL AND COMPARATIVE ANALYSIS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 28)Publication Date: 2020-06-30
Authors : Drozd Artem;
Page : 26-32
Keywords : constitutional control; constitution; constitutional court; comparative studies;
Abstract
The need to combine public law goals and objectives on the one hand and the interests of individuals on the other, inevitably raises the question of criteria that would allow combining the relevant proportions of the general and the particular across the entire state. Such a criterion determines the interaction of the individual and the authorities in modern democracies, the Constitution acts. It fixes the forms and boundaries of public law influence and, at the same time, affirms the exclusivity of the implementation of the constitutional legal personality of citizens. In this sense, the Constitution is a measure permitted both in relation to public authorities, and in relation to the human person. Being the highest criterion for the legal authority of power institutions and the forms of behavioural activity of private individuals, the Constitution penetrates absolutely all spheres of public and public life. Its norms provide the lawful character of all public relations without exception. As a result, the Basic Law of the State has a decisive influence on other branches of law, providing them with norms of constitutional significance. As a result, constitutional principles are formed, in the content of which all branches of the legal system find their justification. In the vast majority of developed countries of the world today in one form or another are the bodies of judicial or quasijudicial constitutional review. These bodies carry out quite specific activities — protecting the constitutional order from violations by public authorities. In each state, judicial constitutional review bodies have their own specifics. The study of foreign experience in this area allows us to identify its positive aspects with subsequent possible consideration when improving the legal regulation of the activities of the Constitutional Court of Ukraine. In addition, in the course of studying the functioning of the constitutional courts of other states, its shortcomings may be discovered, the analysis of which will help to avoid similar mistakes in Ukraine.
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