THE DEVELOPMENT OF MECHANISM OF RESPONSIBLE GOVERNMENT AS THE WAY OF CONSTITUTIONAL REFORM IN UKRAINE AND POST-SOCIALIST MEMBER STATES OF THE EUROPEAN UNION
Journal: LAW AND INNOVATIONS (Vol.1, No. 9)Publication Date: 2015-01-30
Authors : ZAKOMORNA K. O.;
Page : 135-142
Keywords : responsible government; constitutional reform; constitutional democracy; political responsibility; post-socialist EU member states;
Abstract
Problem setting. One of the major problems of constitutionalism formation in postsocialist EU member states and Ukraine is to find a balance between the ideas of liberalism, protectionism and democracy. World constitutional practice has developed a number of institutions that combine these ideas, creating a regime of constitutional democracy. Parliamentary institution providing the responsible government of the state and its authorities plays leading role in shaping the principles of constitutional democracy in such countries. Analysis of recent research and publications. Various aspects of the mechanisms of parliamentary control over the activities of the government considered in the publications of Ukrainian scientists (Y. Barabash, A. Zhuravlev, D. Kovryzhenko, A. Martselyaka, M. Orziha, Yu. Todyky etc.). The problem of correlating the Constitution of Ukraine principles of responsible government and popular sovereignty has been discussed in the article by M. Onischuk and M. Savchin. Target of research. The purpose of the article is to characterize the development of parliamentary mechanisms as the direction of constitutional reform to ensure the implementation of the principle of responsible government in post-socialist EU member states and Ukraine. Article's main body. In the context of constitutional process in the post- socialist EU member states and Ukraine parliamentary immunity and political responsibility of government take a special place among many parliamentary mechanisms of responsible government. Today in these countries there is a tendency to reform the parliamentary immunity towards its further narrowing. This transformation of constitutional parliamentary privilege promotes efficiency and transparency of the parliament as a public institution. In turn, the implementation of a constructive vote of no-confidence in some post-socialist EU member states will give the opportunity to stabilize government activity and optimize its relationship with Parliament. Conclusions and prospects for the development. In Ukraine and post-socialist EU member states the development of the responsible government system provides for the implementation of constitutional reforms for improving existing and introducing new parliamentary mechanisms to ensure the consistency between government action and national interests. Positive experience of post-socialist EU member states should be considered in terms of the modernization of the Ukrainian constitutional law and order
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