Constitutionalism within Times of Change: Authority, Society and Democracy

Authors

DOI:

https://doi.org/10.18523/kmlpj249917.2021-7.149-162

Keywords:

Constitution, constitutionalism, traditions of constitutionalism, mixed government, separation of powers, judicial review, arbitrary judgement, representative democracy

Abstract

This article, following classical methodological patterns, as well as their evolution framework, identifies key features of the two most predominant constitutionalism traditions — political and legal, simultaneously drawing indispensable red lines with regard to correlation of the doctrine and a Fundamental Law itself. Respectively, the features have been rendered as the very elements of constitutionalism’s role within times of change — i. e., over the aforementioned time frames and transition states in between — whereas the doctrine’s capacity to answer so-called “questions of constitutionalism” constitutes its underlying response mechanism. The article addresses the phenomena of authority, society and democracy in their modern perception, and makes crucial points upon the constitutionalism’s effect on their sheer structures.

Author Biography

Dzhustin Esiobu, V. N. Karazin Kharkiv National University, Ukraine

Dzhustin Esiobu is a third-year student of V. N. Karazin Kharkiv National University, School of Law; Government Relations Manager at the Students League of the Ukrainian Bar Association (UBA) — Kharkiv Branch; former Internee at The Leavitt Institute of International Development (TLI) (2020). Since August 2021, he is also an active member and educational projects initiator at the European Youth Parliament (EYP) Ukraine and Ukrainian Students for Freedom (USF). His works and research interests focus specifically on both theoretical and practical aspects of constitution, constitutionalism,
Rule of Law and adjacent legal, political and philosophical areas. 

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Published

2021-12-29

How to Cite

Esiobu, D. (2021). Constitutionalism within Times of Change: Authority, Society and Democracy. Kyiv-Mohyla Law and Politics Journal, (7), 149–162. https://doi.org/10.18523/kmlpj249917.2021-7.149-162