Constitutional legal consciousness of the judiciary

Information from the abstract

This academic paper forms part of an ongoing study of the constitutional foundations of justice and the administration of justice, the development of constitutionalism and constitutional values in judicial practice, and the establishment of a unitary judiciary in Ukraine. The aim of this academic study is to explore the legal concept, content, types and sources of constitutional legal consciousness within the judicial branch of state power. The methodological basis for scientific research is formed by a combination of dialectical, functional, systemic-structural, axiological, legal-technical, hermeneutic, and comparative legal methods of scientific inquiry. This article presents a step-by-step analysis of the scientific understanding of the general concept of legal consciousness, its types and structural elements. On the basis of the identified characteristics of legal consciousness, the concept of a judge’s legal consciousness is formulated as a form of professional, group and collective legal consciousness. Furthermore, approaches have been identified for creating the prerequisites necessary for the development of a judge's individual legal consciousness, within the framework of the unitary collective legal consciousness of the judicial community with a view to ensuring compliance with uniform standards of judicial practice. Taking into account research into the general and professional levels of legal consciousness, the legal substance of constitutional legal consciousness has been analyzed, and its components within judicial activity, as well as the forms of its development at the individual and collective levels, have been identified. On the basis of a comprehensive study, it has been concluded that constitutional legal consciousness is, first and foremost, a collective form of social consciousness. In conjunction with a judge’s professional legal consciousness, constitutional legal consciousness is interpreted and applied in the course of judicial activities involving the application of the law. The mechanisms for the formation of a judge’s professional legal consciousness, in compliance with the provisions of the Fundamental Law, the constitutional principles of judicial proceedings and justice, and constitutional values, are also described. It is proposed that the judicial branch’s constitutional legal consciousness be formed through the uniform and unitary application of the provisions of the Fundamental Law as directly applicable norms, and the rulings of the constitutional court; by prioritizing the protection of human rights and resolving doubts regarding the application of legal norms in favour of private interests; and the balancing of public interests through the prism of the doctrine of good governance.

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Related topics: Judicial and Constitutional Studies · Ukrainian Legal and Forensic Studies · Comparative constitutional jurisprudence studies