The legal nature of the institution of a constitutional complaint in the doctrine of constitutionalism

Abstract

The article attempts to comprehensively determine the legal nature of the institution of a constitutional complaint in the doctrine of constitutionalism.
 It is indicated that the legal nature of the constitutional complaint is based on the principles of constitutional law and the rule of law, and acts as an important means of legal protection of the constitutional rights and freedoms of citizens. It contributes to ensuring the principle of the rule of law, legal authority and control over compliance with the norms of the Constitution. A constitutional complaint is important in ensuring the constitutional order and functioning of the country's legal system.
 It is noted that constitutionalism promotes the development of democratic principles, including the principles of representative power, citizen participation in making important decisions, and the development of civil society. The Constitution is the main law that provides legitimacy and legal foundation for the activities of state authorities. The basis of the doctrine of constitutionalism is the assumption that the government has the potential to abuse and violate the rights of citizens, therefore it sets itself the task of limiting the power by clearly defining the competencies and duties of various branches of government, as well as establishing mechanisms for monitoring their implementation.
 It is motivated that the renewal of the mechanisms of constitutionalism is manifested in the fact that, unlike the classical model, where only state bodies had the right to appeal to the Constitutional Court, states now often grant individuals the right to question the constitutionality of a normative or individual act.
 It was determined that the legal nature of constitutionalism is manifested in the fact that a constitutional complaint is characterized by the following: acts as a control mechanism on the part of civil society; is a means of achieving the principle of justice, which is the main guarantee of democracy and the rule of law; the doctrine of anthropocentrism is represented, which means an emphasis on the person, his rights, freedoms and interests; endowed with the potential to support the high level, permanent importance of the Constitution in the legal system; embodies the requirement of proper legal certainty of legal norms.