Constitutionalism and the Constitution of the Country: Separate Aspects of the Relationship

Abstract

The article is devoted to the theoretical and methodological foundations of constitutionalism and the Constitution of Ukraine, as well as certain aspects of their relationship. The concept of constitutionalism as a complex political and legal phenomenon and a system-forming category of constitutional law is studied. Attention is focused on constitutionalism as a system of ideas and principles, the origins of which are European scientific legal opinion. Constitutionalism has a special place in the system of constitutional and legal regulation of social relations, since the foundations of constitutionalism are primarily reflected in the norms and principles of the state constitution. Attention is drawn to certain aspects of the relationship between constitutionalism and the Constitution of Ukraine, as well as the need to introduce effective regulatory mechanisms of checks and balances, thereby linking constitutionalism with the limitation of power. The relationship between constitutionalism and the Constitution of Ukraine and their modern legal understanding in the conditions of the Ukrainian state-legal reality is analyzed. Constitutionalism itself as a category has its formal expression as a norm, which has a practical embodiment in the constitutional system of the state.

The author substantiates the need to understand the essence and significance of the foundations of constitutionalism as a political and legal phenomenon, the need to implement the foundations of modern European constitutionalism into the state-legal reality of the Ukrainian state and law-making, in particular, the need for further institutional reform of the system of state power in Ukraine to ensure the balance and equilibrium of the principle of distribution power, as the basis of the further democratic development of the Ukrainian state, as well as the proper implementation of the principle of the rule of law, which is the basis of constitutionalism in general.