Concept that reflects the process of adopting and amending a constitution: questions of terminological certainty and meaningful fullness
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
The author set out to overcome terminology uncertainty category, which reflects the adoption of the constitution and amendment, and clarify the content of the studied concepts. The necessity of introduction to the conceptual and categorical apparatus doctrine of constitutional law terminology, the term "constitutional legislative process" (or "constitutional lawmaking process"), which he displayed legislative aspect of the constitutional process associated with the adoption of the constitution and amendment. Analysis of existing in modern legal doctrine approaches to understanding the category of the legislative process allowed to formulate the following interim conclusions have methodological significance for the interpretation of the term "process of constitutional lawmaking": 1) methodologically flawed consider the interpretation of the phenomenon of the legislative process as an activity ... because this approach lose the right to independent existence categories such as lawmaking and legislative activities; 2) sufficiently justified and thus consistent with the paradigm of the theory of the legal process is the judgment of the legislative process as the procedure for legally significant activities ... 3) because the effectiveness of the legislative process (achieving their objectives of improving national legislation) is interested not only the state but also other participants in public life (taken separately, individuals, civil society and its institutions, local authorities) think methodologically incorrect restricting stakeholders only is the legislative body. Full participant in the legislative process at different stages in terms of the functioning of civil society should be the people as bearer of sovereignty and the only source of power, civil society, the citizens of the state and public authorities. A definition of a "process of constitutional lawmaking '(constitutional process in terms of a constitution and amendment): is regulated by constitutional procedural rights and limited scope chronological order of the legal form and cognitive content legally significant activities authorized subjects, especially people and Parliament in the most favorable conditions to achieve its goal - to create, modify or repeal the rules of conduct of a general nature ob'yektyvovanyh in the Constitution State.
Authors and Affiliations
Legal principles of functioning of the military justice bodies of Ukraine: formulation of scientific objectives in service and combat activity
Complex social and military situation prevailing today in Ukraine has extremely negative impact on national security. Antiterrorist operation in some regions of Donetsk and Lugansk regions led to numerous casualties amon...
The article deals with research of basic parameters of personnel politics in the bodies of police of Ukraine and vital problems implementation of skilled politics of the National police of Ukraine and to the features of...
This article deals with the formation of police Ukraine in the context of the implementation of the respective groups administrative and legal needs (social needs that have or should have administrative and legal regulat...
Normative-legal regulation of forms of combat and service activity of National police departments of Ukraine: problem resolution
The article, based on the analysis of theoretical principles and normative-legal framework that regulates the service-fighting activity of the law enforcement forces, considers the object, subject and the main tasks of t...
This article examines the ways of committing crimes, connected with illegal movement of firearms as an element of criminalistic characteristics of them. Analysis of modern forensic investigative practices allowed the aut...
How To Cite
Vitaliy Kupriy (2017). Concept that reflects the process of adopting and amending a constitution: questions of terminological certainty and meaningful fullness. Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav, 1(1), 116-125. https://europub.co.uk/articles/-A-264414