On the concept of constitutionality of legal acts

Abstract

The article is devoted to clarifying the concept of constitutionality of legal acts. Despite its particular importance, this problem remains not ultimately resolved in the constitutional and legal doctrine. At the same time, the essence of the phenomenon "constitutionality of normative acts", as well as the content and scope of the concept of the same name, can be fully revealed only after a preliminary and step-by-step understanding of phenomenon of the constitution, the purpose and roots caused the formation of the doctrine of constitutionalism, as well as practices of its usage in state-building and human rights activity by active participants of public relations of different level and different societies. In the context of the research topic the article examines scientific approaches of understanding the phenomenon of constitutionalism, con-cepts of natural law and legal positivism. It is noted that the essence of the phenomenon of "constitutionality of legal acts", as well as the content and scope of the concept is revealed through the competition of the Constitution as an act of primary power of the people and regulations (legal acts) as decisions of state bodies. The people, entrusting their power to the state, nevertheless, forever reserve the right to control its correct implementation. The author reveals the concept of constitutionality of a legal act and characterizes the concept of unconstitu-tionality of a legal act. Particular attention is paid to such legal properties of constitutionality (unconstitution-ality) of a legal act as its objectivity, along with the official constitutionality (unconstitutionality) and the pre-sumptive constitutionality of legal acts.