Javascript must be enabled to continue!
Trends in Modern Ukrainian Constitutionalism in the Context of Globalisation
View through CrossRef
Constitutionalism is the most progressive political and legal system, which is substantively and functionally adapted to the effective development of Ukraine as a democratic, rule-of-law State and a full-fledged member of the European community, and therefore it is theoretically justified and practically necessary to identify the main trends in the development of Ukrainian constitutionalism in the context of globalisation challenges of the modern world.
The most important areas of Ukrainian constitutionalism that correspond to the political, economic and social aspects of globalisation are: political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation and digitalisation.
The politicalisation of constitutionalism is expressed in the influence of political ways and means on constitutional and legal relations, in particular, in the area of organisation and functioning of the state authorities and civil society. This tendency is associated with the internationalisation of the system of constitutionalism, which is expressed primarily in the convergence of national constitutional law with public international law.
The trend towards the economisation of constitutionalism means the process of formation and functioning of a constitutional, socially oriented economic organisation of modern society and the State with a view to ensuring economic freedom of a person. Economic freedom can only be ensured by a system of economic relations based on the principle of economic diversity, including recognition of the diversity of ownership forms, freedom of entrepreneurship and an effective economic system of the state.
Socialisation, as a trend of constitutionalism, is manifested in the socialisation of the constitution and constitutional law in general. This is reflected in the formation and development of a social state whose policy has a priority social orientation, which is expressed in the state’s service to civil society - an association of free and equal people and their associations, in the state’s provision of human rights and freedoms.
The trend towards humanisation of constitutionalism characterises the development of its system from the perspective of the «human dimension». This trend is of particular relevance in the current conditions of war, when a person needs special protection from the state.
The globalisation of environmental issues determines the trend towards the greening of constitutionalism. In Ukraine, this trend is manifested, first of all, in the creation of a system of environmental legislation aimed at regulating relations in the field of interaction between society and nature.
The trend towards informatisation of constitutionalism is manifested in the processes of creating an informationbased national society and an effective legal framework for Ukraine’s transformation into a digital state. Hence, the digitalisation of the State and society determines its digitalisation as an independent trend of constitutionalism.
The above list of constitutionalism trends does not claim to be complete and comprehensive. The main directions of its development may change or be supplemented with new ones, since constitutionalism is a modern political and legal system which is always on time.
Key words: constitutionalism, globalisation, trends in the development of constitutionalism, political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation, digitalisation.
Koretsky Institute of State and Law of National Academy of Sciences of Ukraine
Title: Trends in Modern Ukrainian Constitutionalism in the Context of Globalisation
Description:
Constitutionalism is the most progressive political and legal system, which is substantively and functionally adapted to the effective development of Ukraine as a democratic, rule-of-law State and a full-fledged member of the European community, and therefore it is theoretically justified and practically necessary to identify the main trends in the development of Ukrainian constitutionalism in the context of globalisation challenges of the modern world.
The most important areas of Ukrainian constitutionalism that correspond to the political, economic and social aspects of globalisation are: political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation and digitalisation.
The politicalisation of constitutionalism is expressed in the influence of political ways and means on constitutional and legal relations, in particular, in the area of organisation and functioning of the state authorities and civil society.
This tendency is associated with the internationalisation of the system of constitutionalism, which is expressed primarily in the convergence of national constitutional law with public international law.
The trend towards the economisation of constitutionalism means the process of formation and functioning of a constitutional, socially oriented economic organisation of modern society and the State with a view to ensuring economic freedom of a person.
Economic freedom can only be ensured by a system of economic relations based on the principle of economic diversity, including recognition of the diversity of ownership forms, freedom of entrepreneurship and an effective economic system of the state.
Socialisation, as a trend of constitutionalism, is manifested in the socialisation of the constitution and constitutional law in general.
This is reflected in the formation and development of a social state whose policy has a priority social orientation, which is expressed in the state’s service to civil society - an association of free and equal people and their associations, in the state’s provision of human rights and freedoms.
The trend towards humanisation of constitutionalism characterises the development of its system from the perspective of the «human dimension».
This trend is of particular relevance in the current conditions of war, when a person needs special protection from the state.
The globalisation of environmental issues determines the trend towards the greening of constitutionalism.
In Ukraine, this trend is manifested, first of all, in the creation of a system of environmental legislation aimed at regulating relations in the field of interaction between society and nature.
The trend towards informatisation of constitutionalism is manifested in the processes of creating an informationbased national society and an effective legal framework for Ukraine’s transformation into a digital state.
Hence, the digitalisation of the State and society determines its digitalisation as an independent trend of constitutionalism.
The above list of constitutionalism trends does not claim to be complete and comprehensive.
The main directions of its development may change or be supplemented with new ones, since constitutionalism is a modern political and legal system which is always on time.
Key words: constitutionalism, globalisation, trends in the development of constitutionalism, political science, internationalisation, economisation, socialisation, humanisation, environmentalisation, informatisation, digitalisation.
Related Results
LEGAL GLOBALISATION AND ECONOMIC SYSTEMS
LEGAL GLOBALISATION AND ECONOMIC SYSTEMS
The objective content of globalisation is made up of processes that are heterogeneous in their origins, mechanisms and consequences, which makes it possible to consider globalisati...
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...
Reflection on Indian and Australian Constitutionalism
Reflection on Indian and Australian Constitutionalism
Every country has its own Constitution but it does not imply that Constitutionalism is also flourishing there. The term constitution and constitutionalism reflects two different me...
SPECIFIC TRAITS OF HUNGARIAN-UKRAINIAN POETRY TRANSLATION (BASED ON YURII SHKROBYNETS’ TRANSLATIONS)
SPECIFIC TRAITS OF HUNGARIAN-UKRAINIAN POETRY TRANSLATION (BASED ON YURII SHKROBYNETS’ TRANSLATIONS)
The article addresses matters related to the peculiarities of Hungarian-Ukrainian poetic translation. It was noted that the quality, complexity and overall mastery of literary tran...
History at Ukrainian Underground University (1921–1925)
History at Ukrainian Underground University (1921–1925)
The article considers and analyzes the origin and the activity of Ukrainian Secret University (USU) in Lviv through 1919–1925 and presents its significance for the development of U...
Globalisation and growth in Turkiye: Is there a verdict?
Globalisation and growth in Turkiye: Is there a verdict?
Purpose — Theoretically, the impact of globalisation is ambiguous, and the empirical evidence inconclusive. This study aims to conclusively determine the effects of the various dim...
Living Constitutionalism, Originalism, and the Sixteenth Amendment
Living Constitutionalism, Originalism, and the Sixteenth Amendment
The Supreme Court’s embrace of living constitutionalism in tax jurisprudence may allow it to avoid building the tax base on constitutional quicksand. In Moore v. United States, the...
Reimagining digital constitutionalism
Reimagining digital constitutionalism
Abstract
Digital constitutionalism has been in vogue in recent years. A series of journal articles, edited collections and monographs that front the catch term ha...

