Impact of traditions and state formation experience on constitution creation and development of constitutional process

• Main Author: Solomiia Scrobach
• Format: Article
• Language: Russian
• Published: PC Technology Center 2019-04-01
• Series: ScienceRise: Juridical Science
• Subjects: constitution; separation of powers; rule of law; national traditions; state formation experience
• Online Access: http://journals.uran.ua/sr_law/article/view/160756

In this paper the author analyzes the views of scientists on the constitution formation as a natural process in accordance with the national traditions and state formation experience. The author pays attention to the works of Charles-Louis de Montesquieu, A.V. Dicey, E. Burke, G. F. Puchta, devoted to the issues of the distribution of state power, the choice of form government, nature of laws, characteristic features of constitutions. The influence of the experience of organizing public authority on the development of the constitutional process is analyzed. In particular, the author analyzes the state-building process in Ukraine in 1917-1921, the works of state officials in the field of the state-building process, including the works of Sergei Shelukhin and Stanislav Dnistriansky in the context of preparing the basic law, taking into account the historical basis of the people's life, understanding the basic principles of the state system, the origins of the constitution. The author analyzes the text of the First Universal of the Ukrainian Central Rada. The texts of the preambles of the constitutions of the Republic of Lithuania, the Republic of Poland, the Slovak Republic, the Czech Republic and the French Republic were worked out. The author pays attention to the references to the traditions and customs, the achievement of the nations, the cultural and political heritage of the ancestors, the practice of domestic state formation process in the preambles of the constitutions. The author analyzes the text of the Constitution of Ukraine preamble. The author proves that the constitution is not created from the abstract principles and represents the peculiarities of the state constitutional order, which is determined by the traditions, experience and practice of state building. The author convinces that the process of the constitution formation is natural and should reflect the people’s interests, and the validity of the constitution depends on the consideration of the national traditions and state formation experience