f such organ, the motivation of Kelzen should be added with some additional arguments. Appearance of the European model of the constitutional justice first of all is connected with the features of the continental legal family - the law as the fundamental (unique) source of the law. That s why law-making should be impossible. The features of the state mode of the overwhelming majority of the European countries, namely the parliamentary model, and as consequence, the necessity of politically-legal organ which would protect the constitution. Analyzing then tendencies and condition of the state development in Europe, we can come to the conclusion, that the major factor grounding the necessity of creation of such organ, on psychological character, probably, can be determined as fear. Traditional fear of the European civil society and imperious circles under the judicial willfulness, and in connection with the control over the constitution - the fear at intervention of courts into the legislative sphere, has always been in Europe of the sacral character. Hence, the basis from which Kelzen has the start in his argument, is more of psychological plan. It is together with the features of organization of state power of the overwhelming majority of the European countries plus global change of priorities (the civil society is higher than the state, qualitative and immediate maintenance of human rights, etc.), together with the features of historical development of Europe (I and II World Wars), have allowed to create the new organ of the government., the theory of H. Kelzen institutionalizes the necessity, or desire, or in any case the opportunity of existence in the conditions of the parliamentary democracy of the limited constitution - the institute of the constitutional justice, that is, theoretical base is created (on the basis of the three theories, organic, institutional, public agreement) for the basis of this institute. Thus, the place of the given institute, proceeding from this doctrine, under the condition of action of the principle of division of the powers and real system of checks and balances can hardly be determined, and it is necessary to take into account, for example , that the Constitutional court of Ukraine is allocated with the powers (official interpretation of the Constitution) which in the even greater measure, than for the Constitutional Council of France or the Federal Constitutional Court of Germany, specify its place and confuse the situation with its definition. The powers plus relations and interrelation with other organs of the government influence the definition of such place.of the public relations is always the correlating factor concerning the relations at the state level. This in its turn requires creation of more effective state mechanism, capable to face new realities, plus to provide traditional values ??of the civilization. Thus, it is necessary to remember, that the well-known principle of Okkamam that it is never necessary to increase greatly essence without emergency. However, effective - does not mean and is not always more complex, based on the rational principle, does not mean artificially arranged under their own representation about rationality and expediency. Actually the perfect state mechanism first of all meets the principle of simplicity, as in fact only it is possible to find out perfection, and as consequence efficiency. Ideal can not be too complicated.special organ of the constitutional justice considerably complicates the legal mechanism in the state, generating the new types and directions of relations and interrelations in this system. Its appearance has always caused the set of questions connected with the status of this organ, and some of them have not received the answer. Even, apparently, in perfection the built in the state system of the American model of the constitutional justice, during its history has allowed failures. Recognition by the Supreme Court of the USA of constitutionalities of slavery, segregation, wild capitalism raquo ;, counteraction rational to the New rate of the governments are the steps of activity of the Supreme Court, as the organ of the constitutional justice [3]. There is no use speaking about the European model functioning enough limited both in time, and space (anyway, really) and its achievement are partly enough disputable. Expediency of the special organ of the constitutional justice, is more likely in the theory, than in practice. In practice the Federal Constitutional Court of Germany has recognized this state in borders of 1 937, has considerably limited rights and freedoms of the citizens, has organized prosecutions of the political parties and associations (for example, the green in 1980-s years), in Italy at a tacit consent of the Constitutional Court probably depending on the political moods of elite (the prime minister), manipulation immunity for the sake of its own security, the act...
