CONSTITUTIONAL PRINCIPLE AND THEIR INTERPRETATION

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Mikhailo  SAVCHYN,

Director of the Research Institute of Comparative Public Law and International Law of Uzhhorod National University, Doctor of Law, Professor

CONSTITUTIONAL PRINCIPLE AND THEIR INTERPRETATION

 

The article formulates the general principles of interpretation of constitutional principles in the light of the basic values of human rights, the rule of law and democracy. The nature of constitutional principles and their weighing in the process of interpretation of the constitution are determined. The basic principles of interpretation of constitutional principles in the light of the introduction of a constitutional complaint in Ukraine are revealed. The main standards and requirements of interpretation of constitutional principles in the work of the Constitutional Court of Ukraine are highlighted.

Constitutional principles fold present basis of constitutional tradition. Principles of interpretation of constitution are mentioned suitable at any judicial strategies, beginning from judicial neutrality to judicial activism. It predetermines importance of their interpretation that influences on a constitutional dynamics and state of constitutionalism of certain country. It depends on certain withstand presentations, ideas, customs, that are incarnated in the certain stereotypes of behavior, recreated and transform simultaneously with the dynamics of constitutional legal relationships, so thay have continuous character. Behavior is folded only in a certain social context, as an individual can have on an aim certain interests that are based on his values. Social open system of concordance of interests of the individuals based on realization of community in relation to certain values is thus formed.

Key words: rule of law, interpretation of the constitution, constitutional principles, constitutional values, human rights, principle of proportionality.

 

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