Rozhok L. Judicial constitutionalism as a regime of ensuring the rule of law in Ukraine

The historical and legal aspects of political and legal ideas and doctrinal aspects of judicial constitutionalism are considered. It is concluded that in the domestic legal science of constitutional law the components of judicial constitutionalism are the interpretive basis, which is considered through the prism of constitutional hermeneutics; procedural basis, which is considered through the prism of due process and independence of the judiciary; normative basis, which is considered through the legal (legal) positions of the body of constitutional jurisdiction; The position that a "living" constitution can be established when its norms in the process of implementation are adapted by interpretation to specific legal relations on the basis of the rule of the constitution is substantiated. It is proved that the legal (legal) position is not identical to the system of argumentation in the process of consideration of a particular case by the Constitutional Court on clearly defined issues. It is proved that the legal arguments of the court are not a legal position, but its substantiation. It is proposed to highlight the essential features of judicial constitutionalism. There are two aspects of constitutional practice: constitutional interpretation and constitutional construction, according to which two different ways should be distinguished in the process of understanding and applying a legal text, in particular: interpretation and construction. It is proposed to consider the legal (legal) position of the Constitutional Court of Ukraine from the objective (as the court's attitude to the main constitutional and legal phenomena, which is expressed in the decision it is guided by in the case) and subjective (the legal position of the Constitutional Court is its conclusions and decisions, the results of the Constitutional Court's interpretation of the letter and spirit of the Constitution and the constitutionality of sectoral laws within the competence of the Constitutional Court) of the party. a proposal to amend the Law of Ukraine "On the Constitutional Court of Ukraine", which should provide for the mandatory reasoning of decisions; The concept of judicial constitutionalism includes a wide range of issues and provides a fairly thorough analysis and development of its components. In practical terms, the issue of judicial constitutionalism is relevant not only for scholars-constitutionalists, but also for judges of general courts, judges of the Constitutional Court, all those who are called to ensure the direct effect of the Constitution of Ukraine. Therefore, our goal is to study the problems of judicial constitutionalism, identified by judicial practice and the practice of constitutional justice in particular. The current state of development of the state and society is characterized by a crisis of constitutionalism due to increased competition between global constitutional values and the rule of law, human rights, human security requirements in special emergencies (including Covid-19), global threats to humanity. Such challenges negatively affect the state of constitutionalism and require the formation and implementation in practice of new approaches to substantiating its principles.