Legal security of the protection of judicial constitutional control: general guidelines for understanding

Abstract

This article is devoted to the study of the new courts, which found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today usually operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law (the «Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice. In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019 it is a full-fledged special court, not a political body. This direction follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science. The established courts have already found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today generally operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law («Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice.In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019, it is a full-fledged special court, and not a political body. This conclusion follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science. The updated judicial system has already found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today generally operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law («Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice. In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019, it is a full-fledged special court, and not a political body. This conclusion follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science.