19 (2)
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2019
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catalogue – 43669
ANTINOMIES
Foundation of journal. Issue topics About journal
Antonenko, Valeriia

The paper offers doctrinal analysis of the effectiveness of implementation models of the constitution, taking into account the existing constitutional theory and practice. The author defines the concept of the «implementation model of the constitution», marks out the criteria for definition of the models and suggests five implementation models of the constitution: model of formal implementation, model of mediated implementation, model of limited implementation, model of direct implementation, model of living implementation. The author formulates advantages and peculiarities of each model and considers those models and their continuous development as part of constitutional process. In addition, the article analyzes factors, which define the choice of particular model in concrete legal relationship and the reasons for the normative fixing of the model of direct implementation of constitution. The author concludes that direct action of the constitution as integral principle of the implementation of constitution resulted from its substantial qualities has attributive value.

Keywords: constitution, implementation of constitution, implementation model, direct action, constitutionalism.

 

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