Judicial application of constitutional provisions as directly applicable in the continental legal system countries Online publication date: Tue, 26-Jul-2022
by Andriy Rybachuk
International Journal of Public Law and Policy (IJPLAP), Vol. 8, No. 3/4, 2022
Abstract: The aim of the study is to model the optimal approach to the direct application of constitutional provisions by courts of the countries of the continental legal system. The objective of the study is to cover the forms of direct application and effect of provisions of the Constitution of Ukraine. It is established that the Fundamental Law of Ukraine operates in two categories: the effect of the constitutional provisions and the application of the constitutional provisions in the protection of human and civil rights and freedoms. It is concluded that these categories are considered in the doctrine from different angles: from the identification of effect and application to their differentiation according to subject and temporal criteria. It is proved that Ukrainian, French, German, Italian, Austrian, Russian, Polish, Spanish and Portuguese doctrines contain broad and narrow approaches to the direct effect of the constitutional provisions.
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