PRELIMINARY JUDICIAL CONTROL OF AMENDMENTS TO THE CONSTITUTION: COMPARATIVE STUDY
Summary: 1. Introduction. – 2. Preliminary Control: General Remarks. – 3. Explicit Preliminary Judicial Control. – 4. Implicit Preliminary Judicial Control. – 5. Conclusions.
Abstract
Background: Genetically, constitutional control appeared in connection with the need to check the constitutionality of ordinary laws adopted by the parliament. A significant practice of the bodies of constitutional jurisdiction regarding preliminary or subsequent control overdraft laws/laws on amendments to the constitution was also gradually formed. This approach has both positive and negative sides. In Ukraine, a significant practice of the Constitutional Court of Ukraine has already been formed regarding the provision of conclusions on the compliance of draft laws on amendments to the Constitution of Ukraine to comply with its Arts. 157-158 (preliminary control). An assessment of the relevant national experience is impossible without a comparative approach and study of the experience of foreign countries.
Methods: The present paper used the following methods of analysis and synthesis to examine the main approaches to the nature of the preliminary judicial constitutional control of amendments to the constitution and its variation (explicit and implicit): the system-structural method, which allowed us to give a structural description of the preliminary judicial constitutional control of amendments to the constitution, as well as to analyse the content of its variations (explicit and implicit), and the logical-legal method, which provided an opportunity to clarify the content of the legal positions of constitutional courts and supreme courts of foreign countries on the implementation of the preliminary judicial constitutional control of amendments to the constitution.
Results and Conclusions: Theoretical and practical approaches to substantiating the nature of the preliminary judicial constitutional control of amendments to the constitution in foreign countries were developed and analysed.
About Authors
Hryhorii Berchenko: Cand. of Science of Law (Equiv. Ph.D.), Assoc. Prof. of the Department of Constitutional law of Ukraine of Yaroslav Mudryi National Law University, Kharkiv, Ukraine g.v.berchenko@nlu.edu.ua https://orcid.org/0000-0002-0365-9009 Corresponding author, responsible for conceptualization and methodology, writing and revising the manuscript. Competing interests: No competing interests were disclosed. Disclaimer: The author declares that his opinion and views expressed in this article are free of any impact of any organizations.
Tetiana Slinko: Cand. of Science of Law (Equiv. Ph.D.), Professor, Department of Constitutional Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine t.m.slinko@nlu.edu.ua https:// orcid.org/0000-0001-8411-9655 Co-author, responsible for writing and data curation. Competing interests: No competing interests were disclosed. Disclaimer: The author declares that her opinion and views expressed in this article are free of any impact of any organizations, including those related to her service as a member of the Science Council of the Constitutional Court in Ukraine.
Yevhenii Tkachenko: Cand. of Science of Law (Equiv. Ph.D.), Assoc. Prof., Department of Constitutional Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine ye.v.tkachenko@nlu. edu.ua https://orcid.org/0000-0003-2510-5362 Co-author, responsible for writing and data curation. Competing interests: No competing interests were disclosed. Disclaimer: The author declares that his opinion and views expressed in this article are free of any impact of any organizations.
Volodymyr Kobryn: Cand. of Science of Law (Equiv. Ph.D.), Assoc. Prof., Department of Constitutional Law, Ivan Franko National University of Lviv, Lviv, Ukraine volodymyr.kobryn@lnu.edu.ua https:// orcid.org/0000-0002-5876-4906 Co-author, responsible for writing and data curation. Competing interests: No competing interests were disclosed. Disclaimer: The author declares that his opinion and views expressed in this article are free of any impact of any organizations.
Copyright: © 2022 H. Berchenko, T. Slinko, Ye. Tkachenko, V. Kobryn. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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H Berchenko, T Slinko, Ye Tkachenko, V Kobryn ‘Preliminary Judicial Control of Amendments to the Constitution: Comparative Study’ 2022 4(16) Access to Justice in Eastern Europe 159-169. https://doi.org/10.33327/AJEE-18-5.4-n000435
