Javascript must be enabled to continue!
Transformation of the Institution of Constitutional Control in the Republic of Belarus
View through CrossRef
The article examines the stages of the evolution of constitutional control in the Republic of Belarus, through the prism of the development of abstract and concrete control. Characterizing the form of abstract control, attention is drawn to a certain adjustment of abstract subsequent control, introduced with the adoption of the Constitution of the Republic of Belarus in 1994, at different stages of constitutional development (1996, 2014, 2022) in relation to subjects of circulation, objects of control. The form of mandatory preliminary control over the constitutionality of laws adopted by Parliament before their signing by the President, introduced in 2008, is analyzed. As a result of the constitutional changes of 2022, the Belarusian model of preliminary constitutional control has undergone a certain transformation associated with its constitutional legitimation, the expansion of objects of preliminary control, as well as the transition from mandatory to optional control over the constitutionality of laws adopted by Parliament before they are signed by the President. Particular attention is paid to the study of the development of specific constitutional control, taking into account a certain adjustment of the constitutional formula in 2022 with the aim of consistent development of the Belarusian model of constitutional justice within the framework of the European model. Attention is focused on the most important constitutional innovation of 2022 – the introduction of a constitutional complaint, which significantly expands citizens’ access to constitutional justice. It is concluded that each stage of the development of constitutional control in Belarus serves as an example of adaptation to the changing conditions of the functioning of constitutional justice. It has been established that the adjustment in 2022 of the Belarusian model of subsequent concrete constitutional control indicates a transformation of the Belarusian model of constitutional control, consisting of the abandonment of elements of a mixed model, and the current stage of the evolution of constitutional control in the Republic of Belarus demonstrates the transition from an abstract form of constitutional control to concrete constitutional control , which means an increasing role of the Constitutional Court not only as a guarantor of the supremacy of the Constitution, but also as a defender of individual rights and freedoms.
Title: Transformation of the Institution of Constitutional Control in the Republic of Belarus
Description:
The article examines the stages of the evolution of constitutional control in the Republic of Belarus, through the prism of the development of abstract and concrete control.
Characterizing the form of abstract control, attention is drawn to a certain adjustment of abstract subsequent control, introduced with the adoption of the Constitution of the Republic of Belarus in 1994, at different stages of constitutional development (1996, 2014, 2022) in relation to subjects of circulation, objects of control.
The form of mandatory preliminary control over the constitutionality of laws adopted by Parliament before their signing by the President, introduced in 2008, is analyzed.
As a result of the constitutional changes of 2022, the Belarusian model of preliminary constitutional control has undergone a certain transformation associated with its constitutional legitimation, the expansion of objects of preliminary control, as well as the transition from mandatory to optional control over the constitutionality of laws adopted by Parliament before they are signed by the President.
Particular attention is paid to the study of the development of specific constitutional control, taking into account a certain adjustment of the constitutional formula in 2022 with the aim of consistent development of the Belarusian model of constitutional justice within the framework of the European model.
Attention is focused on the most important constitutional innovation of 2022 – the introduction of a constitutional complaint, which significantly expands citizens’ access to constitutional justice.
It is concluded that each stage of the development of constitutional control in Belarus serves as an example of adaptation to the changing conditions of the functioning of constitutional justice.
It has been established that the adjustment in 2022 of the Belarusian model of subsequent concrete constitutional control indicates a transformation of the Belarusian model of constitutional control, consisting of the abandonment of elements of a mixed model, and the current stage of the evolution of constitutional control in the Republic of Belarus demonstrates the transition from an abstract form of constitutional control to concrete constitutional control , which means an increasing role of the Constitutional Court not only as a guarantor of the supremacy of the Constitution, but also as a defender of individual rights and freedoms.
Related Results
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
African Annals of Medicine reviewers in 2024
African Annals of Medicine reviewers in 2024
Le comité éditorial des Annales Africaines de Médecine tient à remercier les lecteurs qui ont analysé les manuscrits soumis pour publication au cours de l’année 2024 et ont ainsi d...
Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com
Abstract
Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
Public control in the Republic of Belarus: problems and prospects for the development of legislation (public law analysis)
Public control in the Republic of Belarus: problems and prospects for the development of legislation (public law analysis)
This article is devoted to the analysis of problems and prospects of development of legislation on public control in the Republic of Belarus. The object of the study is public rela...
Constitutional Mobilization
Constitutional Mobilization
People around the world are mobilizing for constitutional change. This global phenomenon has been under-explored in comparative constitutional studies. This Article introduces the ...
Analysis of the Constitutional Court Cases in 2022
Analysis of the Constitutional Court Cases in 2022
The Constitutional Court received a total of 2,829 cases in 2022 alone. Among the decisions made by the Constitutional Court in 2022, this paper reviews major decisions centered on...
Constitutional Amendments and the Constitutional Common Law
Constitutional Amendments and the Constitutional Common Law
Constitutions obsolesce rapidly, and must be updated over time to reflect changes in the polity's circumstances and citizens' values. What institution or process should be entrust...
‘LONG-SUFFERING LANDS’
BETWEEN POLAND AND BELARUS. POLITICS OF STATE HISTORY IN BELARUS ABOUT SEPTEMBER 17TH, 1939, WORLD WAR II, AND BUILDING THE NATION
‘LONG-SUFFERING LANDS’
BETWEEN POLAND AND BELARUS. POLITICS OF STATE HISTORY IN BELARUS ABOUT SEPTEMBER 17TH, 1939, WORLD WAR II, AND BUILDING THE NATION
The present text aims to address the phenomenon of the institutionalization
of historical memory in Belarus, a country where Aliaksandar Lukashenka has been
president since 1994. I...

