The dissertation is devoted to the study of the European model of constitutionalism - from the birth of ideas of constitutionalism to its present state, the key problems and tendencies of the development of the European model of constitutionalism are analyzed, proposals for improving the constitutional system of Ukraine with their consideration are made.
Constitutionalism is considered to be the based on the liberal ideology political and legal system that is a set of interrelated relationships between man, society and the state in which human rights are guaranteed, society is free, and state power is limited by constitutional means (broad meaning).
On the basis of the analysis of the modern doctrine of constitutional law, in conjunction with the political and legal practice of the modern states, the existence of three main concepts of constitutionalism (material, formal, institutional), which form the basis for the corresponding models of constitutionalism (English, American and European), was substantiated.
Under the European model of constitutionalism in the dissertation is meant the convergence of common features of national systems of constitutionalism of European states based on the unified ideology. The distinction between European constitutionalism and the European model of constitutionalism is distinguished, the features of the European model of constitutionalism are singled out.
It is proved that differences between models of constitutionalism exist at all three levels of constitutionalism - ideology, doctrine and practice (constitutional system of government). The features of the practical component of the European model of constitutionalism (constitutional system of government) are: written and hard constitution which is as an act of the constituent power, the key role of the constitutional jurisdiction, flexible division of state power, parliamentarism, decentralization of power, division of competence on the basis of the principle of subsidiarity, social function of the state, as well as the existence of supranational (European) mechanisms for limiting state power through the protection of human rights and fundamental freedoms.
The classification of the current constitutions of states with the European model of constitutionalism has been carried out, depending on the time of their adoption, which corresponds to a certain interpretation of the boundaries of the constituent power. The evolution of understanding of the constituent power from its interpretation as unlimited, then - limited by natural law, international standards, to the emphasis on ensuring the legitimacy of the constitution is substantiated.
It is proved that the problems of functioning of the European model of constitutionalism have both internal and external nature. The first include a significant decrease of people`s trust in political power, which has embodied the constitutional system of government for a long time, that gave impetus to the rapid development of radical, nationalist and populist parties for which the values of constitutional democracy are not paramount. In addition, the emergence of constitutional crises in a number of post-socialist states form dangerous trends in the development of constitutional systems. These should include: 1) excessive concentration of powers by the parliamentary majority under parliamentarism; 2) violation of the independence of bodies of constitutional jurisdiction and the judiciary; 3) the arbitrary actions of the higher bodies of state power and officials in the conditions of conflict of a mixed form of government. The external factors that cause the problems of functioning of the European model of constitutionalism are: the growing threat of terrorism and the uncontrolled migration processes caused by military actions, that became the basis for reviewing the limits of human freedom and the application by the states of the relevant limitation measures.
Based on the analysis of the patterns and tendencies of the development of the European model of constitutionalism, proposals regarding the improvement of certain elements of the constitutional system of Ukraine have been developed.
