The nature and significance of constitutional review in a rule-of-law state

Abstract

The article explores the phenomenon of constitutional review as a cornerstone of the immune system of the social organism. Among the pressing theoretical and practical issues of constitutional review, determining the place and role of this institution within the system of state power holds paramount significance. In recent decades, there has been a widespread global movement toward the implementation of constitutional review in states. This process raises important questions of political economy: why do self-governing governments voluntarily constrain themselves through constitutional means? What explains the global shift towards constitutional supremacy? It has been established that polar views exist not only in theory but also in the practice of constitutional justice regarding constitutional review. Furthermore, the lack of clarity and certainty impedes the establishment of an effectively functioning system of specialized constitutional review, whose primary objective is to provide sustainable dynamism to social development. In such contexts, clarifying the role and place of constitutional justice bodies within the system of state power and ensuring the necessary and sufficient conditions for their proper functioning are of fundamental importance. The article concludes that the status of constitutional jurisdiction bodies is defined by their functional nature and scope of powers within the state. Accordingly, specialized constitutional review bodies occupy a unique position among the highest state institutions. In most countries, the decisions of such bodies are final and binding, and their legal force is equivalent to that of constitutional provisions. This underscores the complexity and multifaceted nature of their functional essence.