УСТАВНО СУДСТВО НА ПРАГУ ДВАДЕСЕТ ПРВОГ ВЕКА
CONSTITUTIONAL JUDICIARY AT THE OUTSET OF THE 21ST CENTURY

Summary/Abstract: The establishment of constitutional judiciary and its incorporation into the system of government of the modern state was a radical shift in the mechanism of providing for the protection of the constitution and constitutionality. The interconnection of the constitutional judiciary and the legal state (the rule of law) and democratic order, as well as the democratic nature and legitimacy of the constitutional judiciary, have been and remained the cornerstone of its development and expansion worldwide. Within several decades of its existence, the constitutional judiciary has become a necessary element of governing power in a growing number of countries on different continents. As a rule, the constitutional judiciary was first established in democratic countries, but there were also (rare) cases where it was established in less democratic countries, and even in covert or openly autocratic regimes in order to disguise the undemocratic essence of such countries. At the end of the 20th century, a number of socialist countries changed their socialist system of government and established constitutional courts as one of the main guarantors of democracy. At the same time, the development of the constitutional judiciary experienced not only “technical” improvement of its mechanism and operation but also a kind of an evolution, especially in terms of its jurisdiction. By establishing the constitutional complaint and enabling the constitutional courts to act upon the constitutional complaint, the constitutional judiciary have been enabled to significantly expand their activities in the field of protection of the constitution and the constitutionality; it especially refers to the protection of basic human rights and freedoms of citizens, which has become (particularly in recent decades) a crucial element of the rule of law (legal state) and its democratic order. It has considerably contributed to the completion of the protection of the constitution as lex superior and constitutionality (and legality), all of which significantly enhanced the legitimacy and the democratic value of the constitutional judiciary.

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