Незалежність судової влади як конституційна цінність та принцип конституційного ладу України
Independence of judicial power as the constitutional value and
principle of the constitutional system of Ukraine
Author(s): D. V. KuleshovSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: the constitutional values; the principles of constitutional system; the judiciary independence as a principle of constitutional system; the judiciary independence guarantee mechanism;
Summary/Abstract: In the article there is comprehensive analysis of politico-legal nature and social value of independent judiciary power as one of the main modern constitutionalism ideas, researched evolution of it social understanding and acceptance. Clarified that expected result of long historical process of science researches and philosophic-legal discussions regarding significant sense of independent judiciary existence for democratic and legal-state was common confession and formal legal assignment of that main idea in first left-wing democratic constitutions.At the same time explored that idea of judiciary independence as basic constitutional principle nowadays directly assigned only in Constitutions of France,Switzerland, in Constitutional Act of Canada and some other Constitutions. More often on the Constitutional level assigned norms which guarantees independence and inviolability of the judges (Spain, Germany, Italy, Greece, Japan etc.).In article proved that Ukraine being as a legal-state impossible without real independent and impartial judiciary, which is a guarantee of functioning other power institutes in frames of their powers stated by the Constitution and laws of Ukraine and final method of solution of any legal as of competent disputes between other power institutes. It made justified conclusion that political-legal idea of judiciary independence be due avowed values of Constitutional level, which absolute supported by Ukrainian society and found its systematic although mediocre legal norm displaying in variety of articles in Constitution of Ukraine. According to the most importance and identified meaning of real judiciary independence for Ukraine functionality as the democracy and legal-state, for providing the rule of law and for primarily – effective human rights and freedoms protection, the judiciary independence belong to basic Constitutional principles which in total are basis for Constitutional System of Ukraine
Journal: Теорія і практика правознавства
- Issue Year: 1/2018
- Issue No: 13
- Page Range: 1-13
- Page Count: 13
- Language: English, Russian, Ukrainian