Badyda A. Theoretical and legal principles of the transformation of the model of constitutional justice in France

The dissertation research is devoted to a comprehensive analysis of the theoretical and legal foundations of the transformation of the constitutional judiciary in France in the context of the European legal tradition. Based on interdisciplinary, historical, and legal and comparative legal approaches, the regularities of the formation of the institution of constitutional control and its place in the system of modern continental law are revealed. The evolution of constitutional control in France from the quasi-constitutional forms of the First-Fourth Republics to the institutionalized model of the Fifth Republic, the formation of which was determined by the political and legal prerequisites of 1958, is highlighted. Particular attention is paid to the relationship between parliamentary dominance and the normative doctrine, which determined the attitude to the idea of the supremacy of the Constitution. It is determined that the French doctrine of constitutionality gradually evolved from a formal understanding of the Constitution to the concept of a “constitutional block”, which includes the Declaration of the Rights of Man and the Citizen of 1789, the Preamble to the Constitution of 1946, the fundamental principles recognized by the laws of the Republic, and the Ecological Charter of 2004. The expediency of introducing such a comprehensive approach to understanding the Constitution in the Ukrainian legal system through the development of the concept of a “material Constitution” is emphasized. The institutional and procedural principles of the activities of the Constitutional Council of France are analyzed, in particular the procedure for formation, competence, fixed terms of office, financial autonomy, etc. At the same time, a number of problematic aspects are identified, including the absence of the institution of separate opinions of judges and the need for further reform, as evidenced by modern French doctrine. The role of the Constitutional Council as a guarantor of fundamental rights and freedoms is revealed, the formation and content of legal principles that have acquired independent normative significance is investigated. The study analyzes the concept of human rights and their characteristics through the prism of French and Ukrainian legal doctrines. For consistency, these rights are classified into groups with examples from the decisions of the Constitutional Council of France. This approach made it possible to trace how the practice of the Council combines doctrinal principles with specific mechanisms for protecting human rights. It is shown how the practice of the Council implements a mechanism for ensuring a balance between the public interest and individual rights, which forms a model of proportionality of constitutional control. The importance of fundamental principles recognized by the laws of the Republic (PFRLR), which constitute an independent source of French constitutionality and determine the content of the doctrine of the supremacy of the Constitution, is separately emphasized. The 2008 constitutional reform is analyzed, which radically changed not only the status of the Constitutional Council, introducing the mechanism of the priority question of constitutionality (QPC). It is proven that this reform contributed to the modernization of parliamentary procedures, the creation of new mechanisms for the protection of human rights (including the position of the Defender of Rights) and the formation of a balanced system of relations between the President of the Republic and the parliament. Based on the French experience, possible directions for its adaptation in Ukraine are identified - in particular, strengthening the role of parliament and institutional balance in the system of branches of power. A comparative legal analysis of the concepts of "constitutional reform" and "constitutional review" is conducted and their significance for modern models of constitutional control is clarified. It is emphasized that the French model, built on incidental control, is effective due to the filtering system, while the Ukrainian one is more open, since it provides for direct access of citizens to the Constitutional Court. The need to combine the effectiveness of French experience with the democratic principles of Ukrainian law and order is substantiated. The correlation of the French constitutional legal order with the law of the European Union has been studied. It has been established that the Constitutional Council, determining the priority of the constitutional principles of the Republic, seeks to ensure the harmonization of legal orders and preserve the national constitutional identity.