Правова держава в парадигмі сучасного конституціоналізму: принципи, механізми та виклики імплементації

The article is devoted to a comprehensive study of the theoretical and conceptual foundations of the rule of law and the problems of practical implementation of its principles in modern conditions. The relevance of the study is due to the presence of a significant gap between the theoretical concepts of the rule of law and their practical implementation in democratic societies. The purpose of the work is to analyze the basic principles of the rule of law, identify factors that hinder their effective implementation, and study the mechanisms of the formation of the rule of law.The study uses a systematic approach, methods of comparative legal analysis, structural-functional and historical-legal methods. The evolution of the concept of the rule of law from ancient times to the present day is analyzed, the conceptual differences between the concepts of “rule of law” and “rule of law” in the context of various legal traditions are revealed.Special attention is paid to the study of the triune structure of the principle of the rule of law, which includes ideological-conceptual, normative-legal and practical-implementation components. It was found that the key problem of modern state-building is not the absence of relevant legislation in the field of human rights, but the lack of effective mechanisms for transforming legal norms into real instruments for protecting civil rights.It is proven that the rule of law is not a static construct, but a dynamic process that requires constant interaction between theoretical understanding, normative consolidation and practical implementation of legal principles. The results of the study indicate the need to develop more effective mechanisms for implementing the principles of legal statehood and the formation of an appropriate legal culture in society. Prospects for further research include studying the impact of digitalization and globalization processes on the transformation of traditional models of legal statehood.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-09-27
Primary Topic
War, Law, and Justice
Type
article
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article

Правова держава в парадигмі сучасного конституціоналізму: принципи, механізми та виклики імплементації

Scientific periodicals of Ukraine
War, Law, and Justice
article

Правова держава в парадигмі сучасного конституціоналізму: принципи, механізми та виклики імплементації

article en

Abstract

The article is devoted to a comprehensive study of the theoretical and conceptual foundations of the rule of law and the problems of practical implementation of its principles in modern conditions. The relevance of the study is due to the presence of a significant gap between the theoretical concepts of the rule of law and their practical implementation in democratic societies. The purpose of the work is to analyze the basic principles of the rule of law, identify factors that hinder their effective implementation, and study the mechanisms of the formation of the rule of law.The study uses a systematic approach, methods of comparative legal analysis, structural-functional and historical-legal methods. The evolution of the concept of the rule of law from ancient times to the present day is analyzed, the conceptual differences between the concepts of “rule of law” and “rule of law” in the context of various legal traditions are revealed.Special attention is paid to the study of the triune structure of the principle of the rule of law, which includes ideological-conceptual, normative-legal and practical-implementation components. It was found that the key problem of modern state-building is not the absence of relevant legislation in the field of human rights, but the lack of effective mechanisms for transforming legal norms into real instruments for protecting civil rights.It is proven that the rule of law is not a static construct, but a dynamic process that requires constant interaction between theoretical understanding, normative consolidation and practical implementation of legal principles. The results of the study indicate the need to develop more effective mechanisms for implementing the principles of legal statehood and the formation of an appropriate legal culture in society. Prospects for further research include studying the impact of digitalization and globalization processes on the transformation of traditional models of legal statehood.

Scientific periodicals of Ukraine
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Openalex Percentile: Top 27%
War, Law, and Justice
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