Constitution as Guarantor of National Security in the Context of Post-War Recovery

The article is devoted to the study of the issue of power usurpation during periods of political transition. The author analyzes the constitutional and legal preconditions and mechanisms of usurpation, focusing on historical examples from Chile, Venezuela, Poland, Egypt, and other countries. The research centers on the impact of institutional weakness, manipulation of constitutions, and the concentration of executive power in the hands of a single individual. The article also examines the case law of Ukraine and international courts, which shape legal benchmarks for preventing usurpation. It emphasizes that only a genuine system of checks and balances, institutional oversight, and active participation of civil society can effectively counteract usurpatory tendencies in transitional contexts.

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Publication Details

Journal
Problems of Legality
Published
2026-10-30
DOI
https://doi.org/10.21564/2414-990x.174.373441
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
Field-Weighted Citation Impact
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article

Constitution as Guarantor of National Security in the Context of Post-War Recovery

O. S. Lotiuk, Bohdan Bondarenko
1 links
Problems of Legality
Comparative constitutional jurisprudence studies
article

Constitution as Guarantor of National Security in the Context of Post-War Recovery

O. S. Lotiuk, Bohdan Bondarenko
article en

Abstract

The article is devoted to the study of the issue of power usurpation during periods of political transition. The author analyzes the constitutional and legal preconditions and mechanisms of usurpation, focusing on historical examples from Chile, Venezuela, Poland, Egypt, and other countries. The research centers on the impact of institutional weakness, manipulation of constitutions, and the concentration of executive power in the hands of a single individual. The article also examines the case law of Ukraine and international courts, which shape legal benchmarks for preventing usurpation. It emphasizes that only a genuine system of checks and balances, institutional oversight, and active participation of civil society can effectively counteract usurpatory tendencies in transitional contexts.

Problems of Legality(174)
Taras Shevchenko National University of Kyiv (UA)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
Comparative constitutional jurisprudence studies
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