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Article The Essence of Constitutionalism, Constitutional Doctrine and Main Doctrinal Approaches to the Definition of the Constitutional System
Authors Kolisnyk V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12 / 2013
Pages 71 - 92
Annotation The definition of the constitutional legal doctrine is developed in the article based on determination of the essence of constitutionalism. Constitutional doctrine is proved to be directly connected with the category of the constitutional system, as there may be some considerable distinctions between the proclamation of devotion to ideas of constitutionalism and the real adoption of their matter in daily practice of the state building. They also may be divided by small time intervals or long periods. The author investigates elements and the stages of a mechanism of the constitutional regulation, in order to determine how society and the state move from the official recognition of the main ideas of constitutionalism to regulation of the fundamental public relations, when the constitutional order starts to dominate. It is proved that under certain conditions there can be formed one of the antipodes of the constitutional system or such political regime that can absorb separate parts of different antipodes of the constitutional system.
Keywords constitutionalism, constitutional legal doctrine, constitutional system, constitutional order, mechanism of the constitutional regulation; constitutional elements of the mechanism of regulation, stages of constitutional regulation.
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