| Article | The Constitutional Process as a Means of Ukrainian Sovereignty Ensuring |
|---|---|
| Authors |
Kuian I.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2014 |
| Pages | 55 - 63 |
| Annotation | The article investigates the theoretical and practical issues of Ukraine’s sovereignty ensuring in the context of the constitutional process. It is emphasized that the category of «constitutional process» has not found its clear understanding and conceptual grounding in Ukrainian constitutional law yet. It is argued that the constitutional process is inherently political. However, this legal process is an important constituent of constitutional law. It is a means of production and a form of conversion (realization) of ideal (desired) models embodied in the constitutional law into real legal relations in accordance with relevant procedures. It is proved that the main purpose of the constitutional process in the long run is to ensure sovereignty in the unity of its three basic forms: state, popular, and national. While the essence of sovereignty is rooted in continuous formation and realization of the society needs and interests, they are actually realized in the constitutional process by the formation and maintenance of the relevant mechanism. The constitutional process is regarded as a public and democratic process. It must be the result and a means of national sovereignty ensuring, which is the crucial principle for the state and national sovereignty. It is emphasized that the principle of popular sovereignty should play the role of political and legal presumption of the constitutional process. From this perspective analyzed are the components of the constitutional process associated with the prospect of constitutional changes in Ukraine, development of parliamentary system, referendum process, the electoral process, etc. |
| Keywords | constitutional process, sovereignty, popular sovereignty, referendum process, electoral process. |
| References | |
| Electronic version | Download |