Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » Constitutional justice is in the Ukrainian system of state rule

Реферат Constitutional justice is in the Ukrainian system of state rule





ction provides equal opportunities for all citizens in achievement of well-being, social stability (warranting of the minimal size of earnings, state support of a family, motherhood , paternity and childhood; development of the system of social services, etc.); 2) economic function is directed at protection of economic rights, freedoms and legitimate interests of citizens (support of the manufacturer, including small business; carrying out of investment policy, privatization, etc.); 3) function of development of culture, science and education - maintenance of legal guarantees in the sphere of development of culture - literature, theatre, cinema, music, painting, architecture; physical training and sports; radio and TV, other mass media; preservation of historical and cultural monuments, historical complexes, reserved territories, archives, museums, libraries [30] .Constitutional Court makes obligatory decisions to perform its powers. Decisions are made in result of consideration of legal proceedings concerning constitutionality of laws and other legal acts of the Supreme Rada, acts of the President, acts of the Cabinet, legal acts of the Supreme Rada of Autonomous republic Crimea. The Constitutional Court gives conclusions on cases on conformity of the Constitution of Ukraine to current international contracts of Ukraine or those international contracts which are brought before the Supreme Rada for granting consent to their compulsion; on observance of the constitutional procedure of investigation and consideration of a case about elimination of the President of Ukraine from the post by way of impeachment; on questions of official interpretation of the Constitution and laws of Ukraine.of the Constitutional Court on recognition of a legal act or its certain provisions to be unconstitutional (that is of those that are not in force) are normative. They are self-sufficient as do not need to be accepted again by other bodies of the government. From the date of acceptance by the Constitutional Court of the decision on illegality, laws, other legal acts or their certain provisions are recognized unconstitutional and lose validity. This, in its turn, is the basis for cancellation of other statutory acts accepted for a concrete definition on the basis of the latter [31] .of interpretation though having certain signs to be considered normative (a nation-wide obligatory character) can not be considered, in opinion of the majority, as an independent source of the law. First of all it concerns acts of normative interpretation (their aim is explanation of the contents of law) which cover an uncertain circle of participants of the public relations and can repeatedly be applied in legal practice. It is also specified by known constitutionalists V. Tihy, V. Shapoval, MV Teslenko: the conclusions of a body of the constitutional justice concerning normative interpretation concretize the contents of law. Therefore interpretational acts should have auxiliary nature concerning the subject of interpretation or explanation and should not change its value [32] .of the Constitution, laws and other acts concerning conformity of the Constitution of Ukraine to current international contracts of Ukraine or those international contracts which are brought before the Supreme Rada for granting consent to their compulsion; observance of the constitutional procedure of investigation and consideration of the case about elimination of the President of Ukraine from the post by way of impeachment; conformity of the bill on amendment of the Constitution of Ukraine to according to requirements of articles 157 and 158 of the Main laws though having precedent nature for the further activity of the Court can not be considered normative due to causality of the cases mentioned above. Such an interpretation (causal) is done through a decision of dispute - a concrete question on conformity of the act to the Constitution of Ukraine .. Gergelijnyk carries out gradation of acts of interpretation considering their validity. If interpretation of a law can be changed by the parliament through change of the law, interpretation of the Constitution can be carried out only after change of norms of the Constitution. That is, acts which determine constitutionality and interpret the Constitution of Ukraine occupy the postconstitutional level. Though they are inadequate to the Constitutions nevertheless they are above laws and other legal acts. As to the acts of interpretation of laws they are valid [33] .necessary the Court can determine the order and terms of fulfillment of its decision and also to assign to the corresponding state bodies of a duty concerning performance of the mentioned acts. Unfortunately, this norm is more likely fiction than reality. The body of the constitutional justice and the constitutional control does not own real means of influence and there is no legislatively settled mechanism of performance of acts of the Con...


Назад | сторінка 5 з 8 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: The constitutional right of citizens to appeal of acts of bodies of the exe ...
  • Реферат на тему: Practice of consideration of cases on protection of rights and freedoms of ...
  • Реферат на тему: Role of resolutions of the constitutional court of the Russian Federation i ...
  • Реферат на тему: About development of legal fundamentals of the constitutional justice in th ...
  • Реферат на тему: Constitutional system of the Russian Federation and role of the constitutio ...