| Article | Presumptions of Human Rights and of Constitutionality of Statutes |
|---|---|
| Authors | Goncharov V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2015 |
| Pages | 175 - 185 |
| Annotation | The article focuses on the possible way the Constitutional Court of Ukraine could more fully realize the potential of the Constitution in human rights and freedoms protection and promotion, applying liberal interpretation thereof. Substantive and procedural presumptions of constitutionality of legislation are analyzed. The latter is proved not to be applied in cases of restricting rights of man and the citizen. The presumption of human rights and experience of its application in practice of the US Supreme Court and the ECHR is studied as well. The analysis shows that evolution of rights and freedoms of man and the citizen is actually a side effect of protection based on principles of liberalism. |
| Keywords | presumption of constitutionality, presumption of human rights, interpretation of law, constitutional litigation. |
| References | |
| Electronic version | Download |