Науковий вісник Національної академії внутрішніх справ (Dec 2022)
Certain components of the constitutionalization content in the legislative procedure in Ukraine
Abstract
The relevance of this study is conditioned upon the need to investigate individual elements of the constitutionalization content in the legislative procedure. The purpose of this study was to develop doctrinal approaches for determining the constitutionalization content in the legislative procedure. This study uses a complex of scientific methods: dialectical, modelling, and correlation, historical legal, comparative legal, formal logical, and other methods. The author’s definition of the term “constitutionalization of the legislative procedure” was formed. It was proved that constitutional legal awareness in the psychological aspect forms the vector of activity of subjects of public relations. This study focuses on the importance of the constitutional legal consciousness and legal culture of the legislator – the only representative body of Ukraine, the most numerous subject of legislative initiative. The study proved that constitutionalization of law-making begins with the understanding that the society, apart from the practical development of various benefits (admittedly, through the statutory regulation of relations from such development), is also developed through the spiritual component, various forms of culture, which contain ideals created by the history of humankind through which the world is cognized. It was noted that the key values receive regulatory consolidation of the highest constitutional level as human and civil rights and freedoms, the foundations of the constitutional system, etc. It was concluded that when the state is in transition, the society faces a crisis of legal regulation, when due to certain reasons, the law partially loses its status as the most effective and universal regulator of social relations. In transitional societies, in extreme cases, the term “law” may begin to be associated with inaction and hopelessness, which may result in a surge of legal nihilism (one of the manifestations of the phenomenon of deformation of legal consciousness, especially the constitutional one)
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