Constitution and policy: challenges of modern constitutional democracy

• Main Author: Михайло Васильович Савчин
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2019-09-01
• Series: Проблеми Законності
• Subjects: democracy; identity; constitutional justice; constitution; human dignity; parliament; politics
• Online Access: http://plaw.nlu.edu.ua/article/view/176979

In this presentation essential criteria that delineate issues of politics and the political process and constitution as a means of restriction of power are revealed. These issues are resolved in constitutional law in the sphere of restriction of power, it is political in nature, and its freedom is the freedom of development of the individual as a integrate personality. The interaction between political institutions and public authorities is carried out in terms of human dignity, in particular the identity of the individual. This determines the constitutional construction of relations between parliament and constitutional justice, between individuals, the community and the government. Based on the evolution of the constitution as a social phenomenon, within the scope of the political lawyers are restraint is always based on legal continuity. The formation, reproduction and multiplication of legal inheritance in the form of certain legal documents is the product of politics as a certain process of communication between interested political actors, who are bound by law in the future, in particular acts of interpretation of law and legal doctrine. Democracy is based on the balance of interests of the majority and the minority. Differentiation in society is the basis for the principle of the majority, because it expresses its essence. The balance of interests in a democratic society must satisfy the criteria of public consensus: the majority cannot dictate its will to the minority, and the minority cannot impose its will on the majority. Interaction between political institutions and public authorities is carried out in terms of human dignity, in particular the identity of the individual. Implementation of the constitution's provisions in the course of socio-political debate, which is implemented through the formulation of legislation and the formation of a political agenda, which defines both the program of government activity and the implementation of various national and regional development programs. An important role here is to ensure a balance of interests and fundamental rights. Constitutional courts' self-restraint in dealing with issues of correlation of law and policy is a cautious approach to resolving issues of a political nature and political process. The issue of having the constitutional courts the power to review the constitutionality of constitutional laws becomes more acute. From the point of view of the entry into force of constitutional laws, their review by the constitutional courts is carried out in order to comply with the fundamental values and principles of law and the requirements of due constituent procedure.