ACTIVITIES OF CONSTITUTIONAL JUSTICE BODIES ON THE PROTECTION OF HUMAN RIGHTS IN THE MODERN LEGAL SYSTEMS OF ASIAN STATES
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes contemporary normative models of the protection of human rights by bodies of constitutional justice of Asian countries. It is emphasized on the distribution in the legal systems of a number of countries of mechanisms for protecting the rights of individuals by constitutional courts through mechanisms of a constitutional complaint. It is noted that the majority of Asian countries with a long constitutional tradition do not currently apply the model of the protection of constitutional rights by the institutions of constitutional supervision, or provide only indirect or limited opportunities for individuals to appeal to bodies of constitutional justice. It is determined that the separate constitutions of Asia generally do not foresee even indirect forms of human rights protection by constitutional control bodies. For current socialist constitutions, it is characteristic to assign the functions of constitutional control to the structure of the parliament (the highest council) and not to mention the powers of the highest court in the field of human rights, with the declaration of the right of citizens to appeal, but the relevant provisions are primarily declarative and do not lead to legal practice constitutional nature. It is concluded that in the widespread model of judicial representation in the constitutional court in Asian countries, the main problems stem from the competition between the two procedural procedures, in which the case is considered, as well as the requirements of respecting the interests of third parties and other parties in a case transferred by a court of general jurisdiction before consideration of the body of constitutional justice. In addition, this model complicates the procedures for implementing a decision of the constitutional jurisdiction body in the framework of primary proceedings and other cases in general courts for similar legal grounds. The great question remains the degree of dispositions and discretion in the judge's actions, which should pass on the question of determining the constitutionality of the applicable law to the constitutional court, as well as the question of taking into account in him in this situation the position of the applicant in the case.
Authors and Affiliations
Андрій Леонідович Деркач
Keywords
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