Providing of Reasonableness in Decisions of the Constitutional Court in the Scope of Recognition of the Echr’s Decisions

Laura Bzova ()
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Laura Bzova: Postgraduate student of the Department of Procedural Law Chernivtsi National University, Ukraine

European Journal of Law and Public Administration, 2020, vol. 7, issue 2, 01-14

Abstract: The relevance of the study of judicial reasoning in public law is related to the challenges of modern litigation, which require new approaches to the construction of a court decision. This is also due to the constitutional reform in Ukraine, in particular the latest amendments to the Constitution of Ukraine in the field of justice. The emergence of the priority issue of constitutionality led to the rupture of the system, where the protection of fundamental rights in a particular issue was essentially ensured in accordance with the case law of the European Court of Human Rights. The Constitutional Court of Ukraine always uses the decisions of the European Court of Human Rights to form its own legal positions, after which they actually become a substantive element of the motivating part of the decision of the Constitutional Court of Ukraine. It is concluded that regardless of whether the decision of the European Court of Human Rights has been ruled on Ukraine or not, it is a source of constitutional law of Ukraine.

Keywords: Constitutional state; legal positivism; interpretation; law justification; constitutional argument; legislative; constitutional judge (search for similar items in EconPapers)
JEL-codes: K10 K15 K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:7:y:2020:i:2:p:01-14

DOI: 10.18662/eljpa/7.2/122

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