stitutionalism [7] and understanding of the basic concept of constitutionalism are under the discussion in the Ukrainian science. is the constitutionalism? From modern positions the constitutionalism is the set of principles, the order of activity and mechanism traditionally applied for the purpose of restriction for the state power. Limits of restriction by the Constitution of the state power and all-round warranting of the constitutional rights and freedoms of a person and a citizen depend, appreciably, on our belief in the mechanism of the constitutional regulation and on active actions of organs of the government and local self-management on realization of its regulations. The belief that the constitutional norms, principles and values ??are capable to limit legally the state power and to level its any realization embodied in the corresponding scientific theory and corresponding political and legal activities, is the doctrine of constitutionalism [8]. broad understanding this phenomenon covers the theory of constitution, history and practice of the constitutional development in this or that country, in a group of the countries, in the world community on the whole. In its narrow sense the constitutionalism is the system of ideas and knowledge about the fundamental values ??of democracy: their system, forms of expression, methods and the degree of realization, the set of political representations about such system of the state and society which meets the conventional beginnings of democratic development, thus the legal aspect of the characteristic of the constitutionalism is connected with the legal fixing of its fundamental ideas in the constitution [9]. That is, in fact, constitutionalism is the system of representations about all-democratic, all civilization political-legal value of the state organized society. to answer the question: whether the constitutionalism exists in this or that state, it is necessary to estimate the level of development in it of the constitutional legality and legitimacy of the constitution itself, that is its recognition and support by mass public consciousness. Basing of such estimation it is possible to answer the question whether it is necessary to change the constitution or how to realize the constitutional modernization whether the nation and political elite of the country is capable to such modernization and on the basis of what values ??it should be realized [10]. is necessary to specify, that values ??of the constitutionalism should be interpreted historically. It means that they can not be considered as certain absolute as it can lead to substitution of the present values ??by formal criteria. In fact, the constitutionalism, as well as the constitutional law, deals, first of all, with the formalized concepts and categories. is known, that there are countries which are, certainly, democratic, however do not have some elements traditionally considered as attributes of the democratic constitutional state. For example, Great Britain does not have constitution as the uniform document in its common understanding; they do not held nation-wide referenda - the supreme and priority form of national will; they do not have the constitutional court and there is no rigid division of the powers; the upper chamber of the parliament still preserves the medieval order of its formation, etc. That is, at first sight, owing to absence of the given attributes, there exist essential grounds for refusing this state in availability of the constitutionalism. However, hardly anyone would dare to do it as, except for formal criteria and external attributes, it is necessary, first of all, to be guided by practice of constitutionalism which bases on century long traditions of democracy. the same time, some countries can be proud of having the whole arsenal of the constitutional values: presence of the written constitution, declaration of all forms of direct democracy, in particular, nation-wide and local referenda, presence of the constitutional court, ombudsmen , etc. However, the state of affairs with maintenance of democratic rights and freedoms of the citizens in the given countries is far from ideal and therefore it is impossible to speak about the constitutionalism in the given countries. is necessary to note, that constitutions and constitutionalism are not identical categories: first - it is a written document, second - a way of thinking (an expectation and a norm) due to which policy can be directed according to written rules or political conventions. We believe that the constitutionalism should be, first of all, connected with the following: the constitutional ideas and theories; presence of the corresponding statutory-legal basis; achievement of the certain actual democratic mode; system of protection of rights and freedoms of the citizens, the constitutional order and the constitution. precondition of the constitutionalism is, certainly, the constitut...
