Тhe concept of constitutionalism and its transformation in the conditions of war

Abstract

Entry. Constitutionalism belongs to those fundamental legal values ​​that have a complex and multifaceted legal nature, which puts on the agenda a wide range of praxeological challenges regarding the understanding of its phenomenology, the determination of new directions of its development in Ukraine in the conditions of war with the Russian aggressor.

Short  list  of  main  results. The exploration of the scientific positions of domestic and foreign scientists regarding the understanding of the legal nature of constitutionalism leads to the conclusion that its phenomenology should be considered through the prism of such aspects of its understanding as form, content and essence. In the conditions of war, constitutionalism, as a public legal system of the constitutional organization of a democratic society and the state, needs some modifications, which can be solved only by those legal methods and methods that will help preserve the balance between the interests of the state and its individual citizen, those constitutional democratic tools, which will not disrupt the process of exercising state power, will preserve the stable development of the entire legal system of Ukraine.

Conclusions. The modern science of constitutional law should develop a doctrinal approach and mechanism that would ensure, on the one hand, the permanence and stability of the category of the only existing constitutionalism, which makes it impossible to have double standards of understanding for the choice of values ​​in peacetime and wartime, and on the other hand, to doctrinally substantiate the needs and ways reforming the domestic mechanism of public power, ways to ensure human rights in the conditions of martial law.