Cultural Factors and the Nature of the Constitutions: History and Modernity Cover Image

Культурологічні фактори та природа конституцій: історія та сучасність
Cultural Factors and the Nature of the Constitutions: History and Modernity

Author(s): Dmуtro Nikolaevich Belov, Bogdana Bogdanivna Shandra
Subject(s): Constitutional Law, Culture and social structure , Sociology of Culture, Philosophy of Law, Sociology of Law
Published by: Національна академія керівних кадрів культури і мистецтв
Keywords: modern Ukrainian constitutionalism; constitutional order; constitution; constitutional transformation; constitutional legislation; constitutional reform; culture; legal culture;

Summary/Abstract: The purpose of the article. The purpose of the article is to find out the place and role of culture in the process of forming the foundations of constitutionalism in the state, and in particular the Constitution as the Basic Law of the state. The methodological basis is the post-positivist methodology of research into the problems of contemporary Ukrainian constitutionalism, which is an orderly system of mutually agreed ideological principles and methods that allow to study comprehensively and comprehensively the legal properties of constitutionalism and to determine the essence and content of legal links between its basic elements. The scientific novelty is that the work is a comprehensive scientific study of modern Ukrainian science, which substantiates a comprehensive scientific theory of cultural factors in the Basic Law, designed to understand and explain the science of constitutional law based on certain conceptual foundations. Conclusions. It is the Constitution that determines the formation and development of the legal culture in the state. Therefore, we must follow the rule: what are the Constitution of the country and its legal culture. In addition, we believe that, unfortunately, the constitutional process is too politicized today. In our view, the fiercest political struggle to adopt a form of constitution suitable for one party is ongoing. And in fact - for power - everyone wants the maximum of power. Including through its own Constitution, which was somehow implemented. However, the Basic Law must be adopted not for reasons of political expediency, but to be a fully legally valid document, taking into account the achievements of world law, with the strictest adherence to all legal procedures. After all, the constitution should be the main document of the state for at least a decade.