Constitutional Order and the Rule of Law in a Time of War in Ukraine

• Published in: International and comparative law review (Olomouc, Czech Republic) Vol. 24; no. 1; pp. 241 - 255
• Main Author: Trykhlib, Kristina
• Format: Journal Article
• Language: English
• Published: Olomouc Sciendo 01.09.2024; De Gruyter Poland
• Subjects: emergency constitutionalism; human rights; margin of appreciation; martial law; rule of law
• ISSN: 2464-6601; 1213-8770; 2464-6601
• DOI: 10.2478/iclr-2024-0015

Today, Ukraine and its constitutional order are facing enormous internal and external challenges. The key challenges for the national legal order of Ukraine at the moment are, , the constitutionality of specially adopted legislation, the effective provision and protection of basic human rights and fundamental freedoms, compliance with the proportionality principle in the case of temporary restrictions on human rights, the preservation of the system of checks and balances under the principle of the separation of powers, ensuring access to an independent and impartial judiciary and recognition of the legal status and jurisdiction of future international courts, Undoubtedly, this war in the centre of Europe requires the consolidation of the entire international and European community and the elaboration of effective mechanisms to counteract and stop aggression. Thus, the war in Ukraine is a challenge to the system of international public law and democracy in general.