Современные модели конституционного правосудия и их отличительные черты

Abstract

The object of study in the article is the current models of constitutional justice used in various jurisdictions. The author examines the models of constitutional justice that are currently used by constitutional justice in various regions of the world. The relevance of the article is determined by the fact that the study of this issue makes it possible to choose the optimal model that allows effectively solving issues of national rule-making. For the Republic of Kazakhstan, this problem is very important in light of the creation in the country of a new model of constitutional justice, which requires scientific understanding taking into account the accumulated world experience in organizing constitutional justice. The purpose of the article is to study modern models of constitutional justice from the point of view of their main differences, advantages and disadvantages. Methods. The peculiarity of the methodology used is determined by the goal of a comprehensive study of existing models of constitutional justice. In this regard, the diversity of approaches, methods and means of understanding this form of legal process required reliance on comprehensive and systematic approaches. Conducting a study of the constitutional jurisdictional process required, firstly, the use of general scientific and proper legal methods, including methods of analysis and synthesis, induction and deduction, abstraction and generalization. Also in this work, a comparative legal method was used, which made it possible to carry out a comparative analysis of the models under study, identify their main characteristics, on the basis of which to formulate appropriate conclusions. In addition, in the process of working on the article, a country-specific legal approach was used, which made it possible to consider the features of national models of constitutional justice. Results. It has been determined that in the world practice of constitutional control, various models of constitutional justice are known. Based on the results of the study, it was determined that currently the most promising is the centralized (European) model. The conducted research allows us to say that the existing models of constitutional justice have both their advantages and disadvantages, however, in our opinion, the presence of a separate body that carries out constitutional justice is more preferable, since it ensures its autonomy, independence and objectivity in making decisions. decisions by professional judges who have the appropriate qualifications, authority and experience in considering complex issues related to rulemaking.