Article title Legal Liability as a Guarantee of Constitutionalization of the Legal Order
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8/2016
Сторінки [107-115]
Annotation

The article investigates the problem of the legal order of constitutionalization, guarantees of the process. These issues are considered from the perspective of the rule of the Basic Law. The attention on the fact that the institution of legal liability appears effective legal means to ensure law and order, as has a high level involvement of the subjects of public relations act according to the Basic Law is the Constitution. After a legal responsibility to provide an effective constitutional and legal norms, increasing their efficiency, and the impact of the constitutional law on the industry norms. Attention is drawn to the fact that legal responsibility should be the rule of law, protection of rights and freedoms of man and citizen. It is proved that the legal responsibility is a holistic phenomen, its general objective can be defined as Law Enforcement. This goal is to maintain the normal functioning of the whole mechanism of legal regulation. It is argued that the purpose of law enforcement is directly correlated with the objectives of the Basic Law. On this basis, it is proposed as the main means of legal order constitutionalisation, in the context of legal liability functions to allocate the function of regulatory evaluation of the legal order that, on the one hand, appropriate to the purpose of optimization of the rule of law, and on the other is the functional expression of the essence of legal responsibility.

Keywords the constitution, the rule of law, constitutionalization of the legal order, guarantee constitutionalization legal order, legal liability, protection of the rights and freedoms of man and citizen.
References