| Article | The Phenomenon of the Constitution as a Fundamental Law |
|---|---|
| Authors | Shapoval V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2014 |
| Pages | 64 - 84 |
| Annotation | The author covers the legal nature of the Constitution as a Fundamental Law of the state; it is suggested to consider the Constitution and constitutionalism as a universal phenomena. The attention is drawn to the history of constitutional regulation development, origin of the terms «Constitution» and «Fundamental Law» as well as evolution of its use. The author commented on legal (formal), material and factual types of constitution. The emphasis is put on the content of the theory of constituent power and the theory of the Constitution as a social contract, as well as on the principle differences between Constitution and formal laws. The procedures for acceptance of the Constitution as the Fundamental Law and amending it are analyzed in the article. Determined are the peculiarities in the domestic experience of constitutional norm-setting. |
| Keywords | constitution, fundamental law, constitutionalism, people, state, constituent power, social contract. |
| References | |
| Electronic version | Download |