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
Abstract
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
Vitaliy Kupriy
Keywords
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