Features of the relationship between the constitutional process and amendments to the constitution

Abstract

The article examines the theoretical and practical issues of analysis and understanding of amendments to the constitution as an integral part of the constitutional process. The special properties of constitutions that affect the process of amending the basic law are identified. The understanding of the constitutional process in the modern period, its tasks and constituent elements are analyzed, its goals and purpose are investigated. The main stages of the procedure for making changes that are observed in practice and their features are identified. The process of amending the constitution as an element of the constitutional process in the formation and establishment of the principles of constitutionalism, creating conditions for the functioning of the constitution to ensure and protect the rights and freedoms of man and citizen. It is pointed out that it is impossible and not necessary to prohibit amendments to the constitution. That is why the constitutions establish a special procedure that regulates the process of making changes to it (formal aspect) and certain substantive criteria, ie provisions that, for example, cannot be changed (material aspect).
 It has been established that the constitutional process is often seen as a process of adopting a constitution, but its understanding is broader today and can be seen as a process, a way to establish the real supremacy of the constitution, implement its principles, limit the power of the people and form constitutionalism. In most countries of the world the constitution has already been adopted, but all of them ensure its actual implementation both by the state and by society and man. Amendments to the constitution can be considered an integral part of the constitutional process aimed at forming a "living" and relevant constitution, when its functioning is aimed at real adoption of fundamental legal principles and ensuring and guaranteeing the protection of human and civil rights.