Constitutionalization in the context of modern constitutionalism: theoretical and methodological analysis

Abstract

The article examines constitutionalization as an important category of constitutional law. The author explores various approaches to understanding this concept, its historical development, and modern interpretations. The views of domestic and foreign scholars on the essence, characteristics, and forms of manifestation of constitutionalization are analyzed. Special attention is paid to the relationship between the concepts of “constitutional order”, “constitutionalism”, and “constitutionalization”. The author emphasizes that constitutionalization is a dynamic process that reflects the practical aspect of constitutionalism and has a global character. The article examines various aspects of constitutionalization, including its impact on the legal system, the expansion of constitutional regulation, and the subordination of government activities to constitutional principles. The author analyzes the role of constitutionalization in ensuring the unity of the legal system and guaranteeing constitutional rights and freedoms. Special attention is paid to the process of constitutionalization in the context of developing a democratic state governed by the rule of law. Based on the analysis of scientific sources, the author formulates their own definition of constitutionalization as a multifaceted process that includes the formal establishment of rights in the constitution, subordination of government activities to constitutional principles, expansion of constitutional regulation of various spheres of public life, and the influence of constitutional norms on the development of the legal system. The conclusions emphasize the importance of further research on constitutionalization for improving constitutional and legal regulation and ensuring the effective operation of constitutional norms in modern society.