Title: Judicial application of constitutional provisions as directly applicable in the continental legal system countries

Authors: Andriy Rybachuk

Addresses: Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine

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.

Keywords: constitution; direct effect of the constitutional provisions; direct application of the constitutional provisions; justice; competence of the court.

DOI: 10.1504/IJPLAP.2022.124450

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.215 - 226

Received: 07 Dec 2021
Accepted: 04 Feb 2022

Published online: 26 Jul 2022 *

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