Bulletin of the Constitutional Court
1/2019
Contents
 
25 Years of the Constitution of the Republic of Belarus (Introductory Article by Chairman of the Constitutional Court of the Republic of Belarus Petr Miklashevich)
 
Official Materials and Decisions
of the Constitutional Court of the Republic of Belarus
 
Decision of the Constitutional Court of the Republic of Belarus of March 14, 2019No. D-1166/2019«On Constitutional Legality in the Republic of Belarus in 2018»
Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly of the Republic of Belarus «On Constitutional Legality in the Republic of Belarus in 2018»
 
Scientific Information
 
Miklashevich P.P. Constitutional Review: Constitutionalisation of Law and Law Enforcement
The article is devoted to the role of constitutional courts in the constitutionalisation of law and law enforcement as one of the main tendencies of modern constitutional development. Among the main trends of modern constitutional justice the author considers development and improvement of the national legislation under the influence of decisions of constitutional courts, as well as the finding, including by means of constitutional justice, of a mechanism for interaction of national, supranational and international law. Based on the analysis of the challenges of globalisation, digitalisation, the problems of the formation of global constitutionalism, the author justifies the need for further constitutionalisation of law and law enforcement, which currently acts as a determining factor for the constitutionality of legal regulation, ensuring the legal sovereignty of the state and preserving constitutional identity.
Danilyuk S.Y. Justice as a Constitutional and Legal Category
 
The article deals with some actual scientific and philosophical aspects of social justice. Special attention is paid to the analysis of the concept of justice in the national legal system, including the implementation of the principles of justice in the case-law of the Constitutional Court of the Republic of Belarus.
Ryabtsev V.N. Constitutional Principles of Judicial Power
The article deals with some principles of judicial power in the constitutional and legal aspect. Based on the analysis of normative legal acts of the Republic of Belarus and decisions of the Constitutional Court, it is concluded that over the years of state sovereignty, through consistent and systemic development and improvement of the judicial system based on constitutional principles, independent judiciary has been established in the Republic of Belarus, administering justice through constitutional, civil, administrative and economic proceedings.
Given the increasing role and importance of judiciary, implementation of the constitutional principles of judicial power when administering justice is key to strengthening constitutional legality and law and order in the state.
Murashko L.O. Constitutional Law Enforcement in Axiological Dimension
The article discovers the nature of law-enforcement by the constitutional courts being the authorised bodies empowered to administer constitutional justice. The author invokes the formal and dogmatic, comparative and legal methodology, historical and legal analysis, and introduces the examples from the case-law of the Constitutional Court of the Republic of Belarus in order to justify importance of constitutional law-enforcement. While carrying out law-enforcement the constitutional courts interpret constitutional rules by filling with normative value the notions of complicated philosophical and legal content extremely generalised in scope of possible or proper conduct of subjects of law. So, the constitutional courts activities result in that the general principles and values, being enshrined in constitutions and representing an axiological characteristic of a society and the state, are «refracted» for regulation of specific social relations. A key role is played by high constitutional legal conscience and understanding, professionalism, skills and creativity of judges who are the main subjects of constitutional law-enforcement laying down its «value parameters». The normative and doctrinal nature of the constitutional courts decisions contributes to the constitutionalisation of the entire national legal system.