Specifics of constitutional control regarding amendments to the Constitution

Abstract

Recognizing that the Constitution reflects the fundamental principles and values of the country, ensuring consistency and adherence to procedures when amending it requires broad consensus among political parties, the public, legislative bodies, and other participants in the political process. Such consensus ensures the legitimacy and acceptability of amendments to the Constitution, making them more justified and supported by the public. Constitutional control should consider public interest and a democratic order. While constitutional changes might reflect the desires of political or social groups, they should stay within the framework of general democratic will and not infringe upon the rights and freedoms of other citizens.
 Emphasizing that constitutional control is an essential component of a democratic system, ensuring adherence to the norms of the country's fundamental law. One of the most critical functions of constitutional control is to assess the constitutionality of amendments to the basic law. The process of changing or amending the constitution reflects societal modifications and needs, requiring an effective control mechanism to ensure compliance with constitutional principles and values.
 It is noted that there is a position suggesting that the Parliament should not automatically consider the Constitutional Court's reservations, which remains a subject of debate. However, in any case, if a legislative proposal is recognized as compliant with the requirements of Articles 157 and 158 of the Constitution, this opinion should not hinder the further consideration of the legislative proposal for amending the Constitution. The Constitutional Court has not stipulated that its recommendations can influence legislative activities or block the decision-making process.
 Established, the constitutional control over amendments to the Constitution is an important mechanism to ensure the stability of the legal system and protect constitutional values, reflecting the principles of democracy, the rule of law, and maintaining a balance between societal needs for change and the preservation of fundamental constitutional principles and values entrenched in the Constitution. Ensuring the development of constitutional norms in line with societal needs without disrupting the stability of the legal system requires a balance between the development and preservation of core constitutional values and principles, as well as considering citizens' interests.