Amendments to the constitution: general theoretical aspect

Abstract

It suggests that improving the process of drafting constitutions and implementing constitutional support is critical to world-building efforts in the twenty-first century. We live in the days of constitutions; more than half of the nearly two hundred existing national constitutions have either been reformed or drawn up in the last thirty years. Every year, about twenty constitutional reforms are carried out and new higher laws are adopted, most of which are part of the peace-building process in countries torn by war or as a result of economic or social crises.
 It was noted that the main dilemma of Ukrainian constitutionalism of the transitional period was expressed in the conflict between the principles of Soviet legitimacy (the so-called «Soviet democracy») and plebiscite presidential power. However, this conflict has not received a final solution until today. It is most clearly manifested in the opposition of various political forces to the Constitution and finds expression in changes to it. This phenomenon is by no means completely new in history.
 Analysis of the changes to the Constitution makes it possible to draw conclusions about the general direction of these initiatives. Thus, among them there are no proposals related to the constitutional regulation of property relations and the social sphere in general (for example, land law), an extremely small number of changes related to territorial organization, organization on the new basis of local administration and self-government, administrative and judicial reform (problems of democratization of the legal system and ensuring the rights of the individual), that is, precisely those fundamental issues that form the basis of legal modernization.
 In conclusion, one should be deeply aware of all responsibility for the strategy, implementation and consequences of the political reform aimed at updating the Constitution in accordance with new realities, balancing power relations in the state, and consolidating society. This large and multifaceted work can be considered successful only when it brings real positive changes to our lives, has a beneficial effect on all spheres and in all dimensions - from the nation, the state to a specific person and a specific family. It should be assumed that changes of such a scale and depth objectively introduce elements of instability and disagreements into society and the political situation. Therefore, they must be balanced, accurately and responsibly calculated and implemented in the shortest possible time, without disturbing the general atmosphere in the state, the rhythm of its economic life. For these reasons, it is no less important that such campaigns are carried out as rarely as possible.