Constitutional Paradigm Research Articles

Народный делиберативный конституционализм как коллективная мудрость: понятие и предназначение в российской и сравнительной конституционной юриспруденции

The article identifies the ideological sources of collective wisdom, the doctrinal and normative foundations of popular deliberative constitutionalism, some aspects of the inclusive constitutional paradigm, procedures, and technologies for the participation of citizens and civil society institutions in constitutional modernization and constitutional changes in the context of Russian and comparative experience. The article considers popular deliberative constitutionalism as a meta-concept that can be used to analyze prescriptive requirements and promising principles in the constitutional modernization of the state and society, forms and procedures for citizen participation in constitutional changes, processes of preparation and implementation of constitutional changes in the modern period. Popular constitutionalism in scientific works develops as a special doctrinal, normative, and procedural basis for the implementation of the principle of popular sovereignty, the constituent power of the people, the involvement of citizens and civil society institutions in the process of constitutional changes. The author concludes that constitutional collective wisdom in the information age arises as a result of the use of both analog and digital technologies, classical procedures for discussion and the use of aggregated preferences, and a combination of natural and artificial intelligence.

Collective Wisdom in Constitutional, Informational and Digital Dimensions: on the Concept and Nature of Popular Deliberative Constitutionalism for Public Law

The article discusses the scientific and intellectual origins of collective wisdom in the constitutional, information and digital dimensions, reveals the doctrinal approaches and normative foundations of popular deliberative constitutionalism, the development of an inclusive constitutional paradigm and its significance for the use of procedures and technologies for citizen participation, expert opinion and civil society institutions in the constitutional development, in social transformations, in constitutional changes brought to life by the needs of society and the state. Popular deliberative constitutionalism is identified in the article as a public legal meta-concept that explains the process and need for constitutional involvement of citizens. The author concludes that popular deliberative constitutionalism allows us to better understand the problems of implementing the principle of popular sovereignty in modern democratic states, create an optimal model and consider the forms of exercising the constituent power of the people when implementing constitutional changes. In the article, the author notes that the future of democratic constitutionalism is associated with the creation and use of collective intelligence technologies in the public legal sphere, which, in the context of the development of an algorithmic and information society, combine classical procedures for discussing constitutional issues and the use of aggregated preferences. The practical application of the achievements of natural and artificial intelligence is intended to discuss and resolve issues of public legal significance, is based on co-evolutionary development and leads to the emergence of mini-publics, civil assemblies, and constitutional crowdsourcing.

RUSSIAN CONSTITUTION AS A GUARANTEE OF CIVILIZATIONAL IDENTITY AND SOVEREIGN DEVELOPMENT OF THE RUSSIAN STATE (ON THE 30TH ANNIVERSARY)

The Constitution of Russia, despite pessimistic forecasts during its adoption, caused, among other things, by the idea of the targeted, anticrisis nature of this document, was a reliable basis for the formation of national consent, reconciliation of society, and became the most important guarantee of the preservation of Russian socio-cultural identity based on traditional spiritual and moral values. In modern socio-historical and geopolitical conditions, the consolidating role of the Russian Constitution and its potential associated with ensuring the sovereign development of Russian statehood is increasing. Designed to ensure state development in conditions of historical turbulence, the Russian Constitution enshrined exible, self-adjusting mechanisms for balancing the interests of the individual, society and the state, based both on respect for the heritage and traditions of our ancestors, and on the desire for social progress. It is necessary to consistently reveal the normative, value-semantic content of the current Constitution of Russia, for which an essential prerequisite should be its demythologization in the sense of abandoning its distorted interpretations inspired by the currents of liberal-individualistic globalism. Some judgments on this matter, concerning, in particular, the ideological side of state development, the rights and freedoms of man and citizen in the system of constitutional values, spiritual, moral and legal education in the education system, are set out in the article with the expectation of further scienti c dialogue and the formation of a new constitutional paradigms of Russian statehood.

The Influence of Soviet Law on the 1959 Vietnamese Constitution

The impact of the Soviet legal culture, particularly on Vietnam, within the socialist bloc, stands as a notable assertion. The incorporation of Soviet legal constructs into Vietnam’s legal framework emerged as a vital political necessity during a complex phase of Vietnam’s historical trajectory. Illustrated prominently in the 1959 Constitution of the Democratic Republic of Vietnam, this influence embodies a quintessential manifestation of Soviet legal impact on Vietnam. This paper delves into several facets of this influence, encompassing the Constitutional structure, articulation of citizenship rights and duties, confirmation of the Vietnamese Labour Party (now the Communist Party of Vietnam) leadership, configuration of State apparatus and power distribution, formulation of socioeconomic order, and a departure from Western constitutional paradigms. The inquiry primarily draws upon historical and comparative legal methods. Legal records from Vietnam and the Soviet Union have been amassed, scrutinized, and likened. Moreover, this study considers the legal and interdisciplinary insights offered by scholars from Vietnam, the Soviet Union, Russia, and the Western sphere pertaining to the subject matter of this article. These perspectives are not only considered but also assessed and integrated. The outcomes of this examination serve to elucidate: i) the significance of Vietnam’s 1959 Constitution in the progression of Vietnam’s socialist legal system; ii) the historical connection and contemporary inheritance of shared legacies between the two national legal systems within the overarching socialist legal framework; and iii) valuable insights into incorporating socialist legal norms into the constitutional process.
 
 
 Tra từ & tra câu Anh - Việt, Việt - Anh, Anh - Anh
 
 
 
 
 
 Nhúng biểu tượng tra cứu vào trang
 Nhấp đúp để tra cứu
 
 
 

Democratic Transition or Autocratic Adjustment? Constitutional Amendments in Kazakhstan and Uzbekistan in 2022–2023

Central Asian states have recently implemented significant constitutional reforms. In the case of the authoritarian republics of Kazakhstan and Uzbekistan, the nature of the constitutional amendments, introduced in 2022 and 2023, respectively, is hard to accurately assess. On the one hand, they are a step towards democratization and strengthened guarantees of human rights and freedoms; on the other, they reinforce the current undemocratic government mechanisms. This article discusses the most recent constitutional reforms in both countries, distinguishing three main areas of change: ideology, social issues, and governance mechanisms. It is argued that these reforms generally fall within the paradigm of authoritarian constitutionalism and are an adjustment of the countries’ constitutions to the current needs of their undemocratic presidents.

Environmental clearance and sustainable development: changing paradigm of environmental constitutionalism in Indian

Environmental Clearance (EC) to operate in any industry or establishment is firmly accepted across the globe. It is issued after complying with four stages of Environmental Impact Assessment (EIA) namely screening, scoping, public hearing and appraisal. It stipulates the precautionary conditions to operate (CTO) an industry without causing environmental hazards deploying all necessary environmental protection measures. The MoEF&CC issues EC in India, directly or through its regional authorities. In recent decisions, the Supreme Court of India has allowed post-EC to some of the MSMEs that were operating without EC on account of ignorance of the law on the part of the owner as well as the State Pollution Control Board (SPCB). The post-EC has been permitted to remove procedural irregularity by applying the ‘proportionality principle’ on account of MSME’s contribution to the national economy and livelihood to a significant size of the populace. This research paper finds post-EC anathema to the sustainable development principles.

Конституционно-правовые аспекты защиты прав и свобод человека и гражданина в Республике Казахстан

The study examines the historical development and stages of formation of the institutional framework regulating the provision of rights and freedoms of citizens on the territory of the Republic of Kazakhstan. A critical assessment of the expanding range of citizens' rights to access constitutional review is offered, while emphasizing the expansion of tools vital to the protection of inalienable human rights and freedoms. An assessment is made of the expansion of the rights and freedoms of citizens in the context of the Basic Law, ensuring their compliance with constitutional principles and studying the mechanisms and institutions responsible for ensuring compliance with these constitutional provisions. This is about assessing how these controls function to ensure the protection of the rights and freedoms of citizens within the legal and constitutional structure of the Republic of Kazakhstan. The study also aims to provide a comprehensive analysis of the implementation and practical application of constitutional review mechanisms, highlighting their effectiveness in bringing legal guarantees in accordance with the Constitution of the Republic of Kazakhstan. Methodologically, the study is based on careful observation of the prevailing situation in the field of protection of the rights and freedoms of citizens. Through this analysis, the study concludes with the presentation of pragmatic tools aimed at strengthening protective mechanisms designed to improve the effectiveness of the human rights protection system in the Republic of Kazakhstan. The proposed tools are aimed at strengthening the existing system for protecting the rights and freedoms of citizens, which will significantly increase the effectiveness and inclusiveness of human rights mechanisms, providing a comprehensive and flexible structure within the legal and constitutional paradigms of Kazakhstan.

The Administration of Justice: Justice Rosalie Abella’s Contribution to Canadian Administrative Law

Over the course of her impressive legal career, Justice Rosalie Abella has been a champion for the administration of justice – a constitutional paradigm in which the legislative, executive, and judicial branches of government all share a fundamental duty to ensure that constitutional principles and values are sustained in practice. Thus, she has repeatedly urged judges to exercise restraint when assessing the legality of administrative decisions because administrative officials have valuable experience and expertise regarding the purposive interpretation of legislation. Understanding this constitutional paradigm helps one to identify unifying themes in Abella J’s administrative law jurisprudence and draw important connections between her work and other leading Canadian jurists like Justices Ivan Rand and Bora Laskin. Moreover, it helps one to distinguish this constitutional paradigm from another formalistic constitutional perspective that perceives the judicial role primarily in terms of maintaining an institutional hierarchy in which judges have an interpretive monopoly to determine the content of the law. While the tension between these two constitutional paradigms is apparent in Canada (Minister of Citizenship and Immigration) v Vavilov, Abella J’s work provides important insights on how to grapple with this tension in a productive and principled manner.

Український конституціоналізм в умовах війни: боротьба за цінності, права та ідентичність

Abstracts. The article provides a comprehensive analysis of the functioning mechanism of the constitutional legal order under martial law, in particular the means and methods by which it can protect constitutional values, rights and identity from internal and external threats, and also offers practical recommendations for preventing the possible involution of constitutionalism in the post-war period. The author believes that after the large-scale invasion of the Russian Federation on the territory of Ukraine, the practical paradigm of Ukrainian constitutionalism acquired new features. First, it is a change in the ideological component of the content of constitutionalism - constitutional legal awareness in the direction of raising the national idea, national identity, and affirming the national dignity of Ukrainians. At the same time, it is based on the European model of constitutionalism, which corresponds to universal human values, first of all, human dignity and freedom, which are unchanged even under martial law. Secondly, these are changes in the functional mechanism of constitutionalism, which are caused by the need for public authorities to ensure a balance between the security and freedom of citizens with the unwavering observance of fundamental human rights and freedoms, which cannot be limited even in war. Thirdly, the formation of a new identity around the new (post-war) constitution, which should become an expression of the hope of the entire Ukrainian people for their dignified political and socio-economic future in a united Europe. The author of the article claims that the war in Ukraine has a pronounced existential character, as it directly affects the choice of the future of every Ukrainian and the Ukrainian political nation in general. In this war, Ukrainians defend not only their right to exist as a separate ethnic group, but also universal, European values, which are reflected in the Constitution of Ukraine - above all, the idea of freedom and democracy. The European choice of the Ukrainian people is the result of the Orange Revolution and the Revolution of Dignity. This choice remained unchanged even during the war. In the conditions of war, the legitimacy of the use of extraordinary measures by state authorities lies in two areas: first, such measures must be urgent and eliminate the threat to the constitutional order, in particular, the viability of the nation in the event of external aggression; second, accountability and control of the government, which includes parliamentary and judicial control. In such a situation, the institutional capacity of the state to ensure human rights and freedoms is important. A special role is assigned to the judiciary, which must ensure the inalienable, inalienable right of a person to free access to justice. The article focuses attention on the importance of the Constitutional Court of Ukraine, local self-government bodies and institutions of civil society in ensuring human rights in extraordinary conditions. Attention is also drawn to the fact that the formation of the Ukrainian political nation in the post-war period should take place around the new constitution. It should become a real social contract of the Ukrainian people - citizens of all nationalities who did not renounce their citizenship during the war and those who acquired it after the war through their will. The basis of this agreement should be the three defining values of constitutionalism - freedom and dignity of the individual, identity and dignity of the nation, supremacy of the constitution and norms of international law. They should find their reflection in the Preamble of the Constitution of Ukraine, which forms the basis of constitutional identity.

Constitutional morality in South Africa: Is it the missing link?

The Constitution of South Africa is lauded worldwide for its progressiveness. This paean status notwithstanding, there is an increasing sense that the Constitution’s transformative ideals are gradually slipping out of reach. Inequality persists, while corruption and poverty are increasingly crippling the country. There is no gainsaying that a constitution thrives on its black letter and its spirit. The Constitution of South Africa recognises this truism by expressly providing for certain values, some of which are explicit, while others are implicit. One value that is not explicit in the values laid down in s 1 of the Constitution, and has not featured prominently in the jurisprudence of the superior courts in South Africa, is the doctrine of constitutional morality. The doctrine broadly imposes a moral obligation to comply with the totality of the ethos of the Constitution. The animating question that this article seeks to investigate is whether the doctrine of constitutional morality is missing between the Constitution and the realisation of its lofty transformative ideals. Based on an emergent paradigm of critical constitutionalism in South Africa, the article hypothesises that the ideals of transformation will be attained when those to whom the constitution applies feel the innate moral obligation to comply with the totality of its ethos.

B R Ambedkar’s Multiple Consciousness and the Framing of the Indian Constitution

Abstract This article will analyze the way in which BR Ambedkar's lived experience and jurisprudential commitments framed the discursive structure of the Indian Constitution and reformulated prevailing conceptions of liberal constitutionalism to reflect the specific and historically contingent context in which it was formed. Whereas prevailing notions of political rights in Western liberalism were conceived as abstract protections of individuals against the state, Ambedkar attempted to reframe the idea of rights as including correlative duties and accounting for material conditions of inequality and systemic discrimination. Heblurred the distinction between the higher-order law and everyday politics, and conceptualized rights as horizontal in addition to vertical in character. Finally, he included a temporal reorientation of the liberal constitutional paradigm by incorporating permissive constitutional structures. This article analyzes his approach to constitutional jurisprudence within the framework of Mari Matsuda’s notion of multiple consciousness.

Reforma konstytucyjna w Kirgistanie w 2021 roku na tle środkowoazjatyckiego konstytucjonalizmu autorytarnego

In terms of the dynamics of the state system’s reforms, Central Asian Kyrgyzstan is a unique case. In 2005, 2010, and 2020 a series of crises of state power, referred to as „revolutions”, unfolded there. Among their consequences were constitutional reforms that concerned the legal construction of the main state organs. The latest reform of 2021 brought an end to the semi-presidential system and established domination of the president over the state system. The analysis of such reforms can be carried out with reference to the paradigm of authoritarian constitutionalism. The following paper undertakes the analysis of the constitutional evolution of Kyrgyzstan and its current situation in a broader context of the Central Asian constitutionalism.
 The paper attempts to reconstruct the concept of the authoritarian constitutionalism, determine the peculiarity of Central Asian constitutionalism and the scope of the constitutional reform that took place in Kyrgyzstan in 2021. The core thesis of the paper asserts that this reform fully fits the paradigm of authoritarian constitutionalism and regional, Central Asian political traditions of strong and centralized state power. The paper employs doctrinal, comparative methods as well as the exegesis of the constitutions.
 This paper consists of four parts. The first chapter discusses the scope of authoritarian constitutionalism and asserts its dual-faceted legal and political nature. The second chapter briefly presents the Central Asian specificity of constitutionalism and nation building and state building processes. Consecutively it turns to the case of Kyrgyzstan and pays closer attention to the latest constitutional reforms. The fourth chapter contains a detailed analysis of the current Kyrgyz constitution in regard to the authoritarian constitutionalism paradigm.
 The research led the author to the conclusion that authoritarian constitutionalism is a not broad theory, but a paradigm, a certain scientific perspective that is embedded on the crossroads between constitutional law and a scientific study of political systems. It is successfully applied in investigations of the non-democratic model of governance. It puts emphasis on a specific legal position of the executive that overwhelmingly dominates the legislature and is prone to abuse. In the case of contemporary Kyrgyzstan, such a model of power is determined by the legal and political specificity of the region. The constitutional reform of 2021 strengthened the position of the president, introduced non-parliamentary representative bodies and limited the independence of the judiciary.

Digital Public Events in the Constitutional Paradigm of Individual Rights and Freedoms

The phenomenon of digital transformation of the legal system in an extraordinary situation is changing the traditional mechanism to implement public-political rights and freedoms. The restrictions imposed by the state cause the emergence of new forms of public events in the information and telecommunications network “Internet”. It has been established that currently the law enforcement officer is carrying out advanced legal regulation of online events due to the lack of a legislative framework for the implementation of the constitutional right to public events in the digital space. In this vector, a legal comprehension of the multifaceted legal nature of digital public events seems appropriate. The use of both general scientific and special methods of cognition: the formal legal method and the comparative method in the study of traditional actions and online events allowed us to identify not only the criteria for the admissibility of their conduct in the digital environment, but also to determine the trajectory of the development of the regulatory framework for the organization and conduct of digital public events. The article gives a legal assessment of this legal category. A comparative analysis is carried out between the classical form of holding public events and events in a remote format. The problems of legal regulation of such a format of public events are revealed. In this context, a set of legal transformations is proposed that synthesize the traditional model of the implementation of the constitutional right to public events in the digital field.

The implicative relationship paradigm of democracy and constitutionalism: key values

The scientific article examines and analyzes the key values of the paradigm of the implicative relationship between democracy and constitutionalism.
 It has been determined that democracy is characterized by significant benefits not only on the national level, but also on an international scale, including the provision of sustainable economic development, the existence of various forms of ownership, the establishment of fundamental rights, interests and freedoms, their proper protection by reliable mechanisms, security guarantees, and the development of civil society.
 It is emphasized that the concepts of constitution and democracy have an implicative relationship within the framework of the doctrine of constitutionalism, which considers the constitution as a means of democracy by applying the formula "democracy through law". Such is the idea of the constitution which constitutionalism carries, and which makes it the doctrine of democracy.
 It was established that the key values of constitutionalism are: the actual functioning of the principle of the rule of law; separation of powers and the real existence of a mechanism of checks and balances that prevents the monopolization of power (since this division of powers is contained in the constitution itself, it becomes an effective tool for ensuring constitutionalism); responsible and accountable government that serves the people who elect it (if the government does not live up to the expectations of the electorate, the powers of such state and local government bodies are terminated by voting in democratic elections for more worthy elected officials for these positions); the concept of popular sovereignty, which assumes that state bodies derive their legitimacy from the people (even if there is a certain sovereign entity that is authorized to manage state affairs, the "ultimate" sovereignty belongs to the people, and the power of such a sovereign entity comes from the public); ensuring human and citizen rights and freedoms; the rights of the individual must be properly protected, then constitutionalism will flourish; the independence of the judiciary is the essence of any liberal democracy and the basis of a free society; the judiciary is the defender of the rule of law.
 It has been determined that democracy as a legal category and concept as a whole is subject to ambiguous interpretation and understanding by modern scientists in some aspects. At the same time, there are those aspects of democracy on which researchers are largely unanimous in their opinion. First of all, this is an assertion, which has actually become empty, that democracy has a close relationship with constitutionalism and its basic values, the concept of popular sovereignty, as well as state building.

The powers of the five functions of the state in Ecuador

The design of the functions of the State, within the framework of the liberal regime characterized by political representation, has been deeply criticized from a legal and political perspective. However, since the current Ecuadorian Constitution, there have been significant changes in the institutional design, which have generated a profound theoretical and normative discussion on the validity of constitutional paradigms as old as the tripartition of powers or the form of democracy. However, this apparent dichotomy between types of democracy, in our case representative and participatory, has not allowed us to examine the progress and setbacks in the implementation of democratic institutions in Ecuador. It is therefore necessary to analyze within the constitutional changes, the new Function of Transparency and Social Control, especially the Council of Citizen Participation and Social Control. Especially the power to appoint the highest authorities of the State. At the end of this study, we will be able to establish whether the new form of designation of the highest authorities, together with the new institutional scheme of the Ecuadorian State, become a contribution to the consolidation of the democratic process in our country. At the end of this study, we will be able to establish if the new form of designation of the highest authorities, together with the new institutional scheme of the Ecuadorian State, becomes a contribution to the consolidation of the democratic process in our country.

The Struggles of Estonia to Implement EU Criminal Law: Are the Fundamentals of the State Penal System at Risk?

Today, countries are no longer as free in shaping their penal systems as they used to be. By becoming members of a supranational organisation such as the European Union (EU), states have agreed to pursue a common criminal policy for common goals. To this end , the EU member states have given the EU a considerable share of their penal power with the aim to fight crime. Punishments continue to be imposed and carried out by the member states themselves, but certain crimes and punishments are determined by EU law. Since traditionally the national penal system has been elaborated by states based on the peculiarities and needs of the particular society as well as the constitutional paradigm of the state, the question arises on how to implement clear-cut requirements coming from outside in a manner that adequately consider such aspects. This question is related both to the actual nature of state power and to the possibility of responding to unwanted behaviour, including crime, in accordance with the values and needs of the society. In any case, it must be approached delicately by considering the uniqueness of a state’s criminal justice system and at the same time respecting obligations to supranational organisations. This article serves as a poignant example of such dilemma by mapping out the difficulties the Estonian legislator and courts face while aiming to implement the EU criminal law.

Modern constitutionalism of Ukraine in the conditions of europeization of native law

The article states that Ukraine was and remains a component of the single European democratic space. Taking into account the sad lessons of the past, we will follow the path of broad public dialogue and legitimate decisions. The further constitutional transit of Ukraine will be connected only with strengthening of representative democracy and strengthening of local selfgovernment, guarantees of protection of human rights and freedoms. Thus, today, Ukraine is experiencing an era of global and rapid changes that are transforming the foundations of social life and the usual paradigms of constitutional thinking (we are not just talking about one or another change, but about such transformational processes that relate precisely to the level of the essential characteristics of the society that is passing through the stage constitutional transit).It is indicated that in the domestic science of constitutional law, the scientific-theoretical analysis of the paradigm of constitutionalism in the conditions of permanent constitutional transit, as a rule, extends only to elements of the contentof constitutionalism, individual institutional components of its system.Particular features of the constitutional transit in Ukraine and, as a consequence, the implementation of a new paradigm of constitutionalism in the conditions of the Europeanization of national law are highlighted. The author examines certain aspects of the terminological issues of constitutional transit as a condition for the Europeanization of domestic law. As a result of the research, the category «constitutional transit» as a condition of the Europeanization of modern Ukrainian law should be considered as a state of transition of the constitutionalism of the Ukrainian state, from one state to another, caused by theneed for convergence of national constitutional legislation with the law of the European Union. It is noted that such a state of transition, its passage is not a linear process, but can have a multi-vector nature of development. That is, constitutional transit can cover all types of transitional states of constitutionalism from the point of view of a significant change in their character: not only from authoritarianism to democracy, but, on the contrary, in accordance with national sociocultural and political features, values, of course, taking into account advanced scientific world achievements.

O debate acerca do controle de constitucionalidade incidental nos tribunais de contas: uma análise crítica dos argumentos do Mandado de Segurança 35.410 para a defesa da integridade do direito

The incidental constitutional review in the Courts of Counts is debated based on an analysis of arguments present in Writ of Mandamus nº 35410, being heard in the Supreme Court. The question to answer is the following: are brazilian courts of counts constrained by the understandings of the Supreme Court when exercising incidental constitutional review or those ones Courts would not even enjoy the prerogative to exercise that control, based on the critical analysis of the arguments raised in the votes of Writ of Mandamus nº 35.410? The hypothesis raised is that there is a restrictive view, reflected in the arguments extracted from the votes of said Writ of Mandamus, regarding the meaning of constitutionality control as well as its applicable jurisdiction, although incidental, of the exercise of this control by the Courts of Counts. To confirm the hypothesis, we present the selected case and then we propose an analysis of the argumentative framework contained therein. In conclusion, in addition to refuting the arguments contained in the Writ of Mandamus, it is worth noting that the Supreme Court eventually denied the request made by the Courts of Counts to share the constitutional paradigm. The method used was hypothetical deductive, with a case study, starting from Ronald Dworkin’s concept of Law as Integrity.

Paradigm of constitutional security: globalization dimension

It is indicated that a holistic vision of constitutionalism, designed to understand and explain the science of constitutional law based on certain conceptual principles, which, in turn, are close to a number of basic attitudes and differ in the longevity of their influence is an urgent need of the science of constitutional law itself, a response to its desire to know the nature of its activity , and because of that, myself. A possible variant of such consideration can be a paradigmatic approach, which we will try to apply in general terms within the framework of the study of constitutional security. Attention is drawn to the fact that in jurisprudence the concept of «paradigm» began to be used relatively recently. In our opinion, this is caused by an inadequate understanding of the semantic meaning of this term in relation to legal science. Another reason can be seen in the numerous practice of its inappropriate use in other humanities. In many publications, the same phenomenon, in the same context, is called a paradigm, a concept, an idea, etc. It is noted that the paradigm of constitutionalism is the quintessence of constitutional and legal knowledge, it is at this level that its integrity and interdependence of individual directions and structural components is achieved, as well as the socio-cultural functionality of this field of knowledge is crystallized. From the substantive side, the paradigm of constitutionalism is based on the generalization of the main approaches to the solution of its problem field in all its aspects, with the exception of internal problems of an epistemological nature. Based on the analysis of the research material, it is claimed that the paradigm of constitutional security in the conditions of globalization is a set of ideal fragments of constitutional reality (concepts, values, principles, ideas and practices) that are shared by society at a given stage of state development and form a defined vision of basic values that make up the content of the constitutional order (the object of constitutional security), the purpose of which is to ensure permanent and legal observance and protection of the rights and freedoms of man and citizen, as well as the internal security of the state as a whole.

Category “paradigm” in modern conditions of functioning of the Ukrainian: theoretical principles

The article is devoted to the essence and content of such a philosophical and legal category as “paradigm”. It is pointed out that in the history of constitutional law scholars have identified several basic paradigms within which various theories andconcepts have been formed. The differences between these paradigms, which are fundamental, are related to the desire to explain the nature of constitutionalism through the prism of supernatural, or natural, or social origins. In this case, the paradigms themselves did not exist in isolation from each other, but were interconnected, each of them used thearguments of the other. In this regard, their allocation is to some extent conditional.Emphasis is placed on the fact that on February 24, 2022, the Russian Federation grossly violated the UN Charter, numerous norms of international law and committed an act of aggression - the most serious and gross violation of international law. It is these illegal actions (although the hybrid war has been going on since 2014) that have pushed the relationship between the countries of the world on the issue of ensuring national and global (world) securityfrom a “dead end”. It is time to reconsider the content and application of a number of concepts: “national interests”, “national security”, “nationalsecurity strategy”, “international security”, “threat to national interests”, “national security system”, “national security system”, “Security sector”, etc.So, it is time to reconsider the existing paradigm of legal science in general and constitutionalism in particular.The approaches of different scientists to the definition of the category “paradigm” are analyzed. Theauthor emphasizes the disclosure of the meaning of the concept of “paradigm of constitutionalism”.The following definition of the paradigm of constitutionalism is proposed - a set of ideal fragments ofconstitutional reality (concepts, values, principles, ideas and practices) shared by society at this stage of development and form a certain vision of constitutionalism, as well as specific solutions to constitutionalism.