"Constitutional Reform" vs. "Constitutional Review": From Theory to Practice

Abstract

The article provides a theoretical and applied analysis of the relationship between the concepts of “constitutional reform” and “constitutional review” in the context of modern challenges facing democratic states based on the principle of the rule of law. Based on theoretical approaches to understanding constitutional reform, it is argued that constitutional reform is a broader concept than constitutional review. Constitutional reform encompasses not only a formal change in the text of the constitution, but also changes in law enforcement practice, institutional structure and the mechanism for implementing legal norms. The main stages of reform implementation are analyzed, including preparation, consultations, formalization of changes and perception after the reforms. The purpose of the article is a theoretical and legal analysis of the relationship between the concepts of “constitutional reform” and “constitutional review” taking into account Ukrainian and foreign doctrine, the practice of individual states (France, Ukraine), as well as an understanding of the features of the implementation of these processes. Particular attention is paid to the concept of “constitutional revision” as a way of changing the text of the constitution by following a special legal procedure provided for by the constitutional text. A comparative analysis of the experience of the French Republic and Ukraine is presented: in particular, the procedure for revising the Constitution in France, established by its Art. 89, and the procedure provided for in Art. 155 of the Constitution of Ukraine are studied. Examples of the application of both revision and reform are shown. The importance of public trust in the reform process and the role of dialogue between the state and civil society are separately analyzed. As a result, the conclusion is drawn that constitutional revision is one of the legal instruments for implementing the reform, but does not cover its entire content. The article is aimed at deepening the understanding of the transformations of the constitutional order in the conditions of reality.