Constitutionalization of Political Parties: Experiences of Germany and Ukraine
The legal framework for political parties, which defines their place within the system of state power, creates the basis for the functioning of the party system as well as the state. Considering that political parties are important participants of the political process and one of the key actors of t...
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| Format: | Article |
| Language: | English |
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National University of Kyiv-Mohyla Academy
2019-02-01
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| Series: | Наукові записки НаУКМА: Юридичні науки |
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| Online Access: | http://nrplaw.ukma.edu.ua/article/view/185632/185207 |
| Summary: | The legal framework for political parties, which defines their place within the system of state power, creates the basis for the functioning of the party system as well as the state. Considering that political parties are important participants of the political process and one of the key actors of the state decision-making, regulation of the legal status and activities of this institution is a prerequisite for the democratic development of the state. In this regard, this article examines the case of Germany and Ukraine in the process of constitutionalization of political parties. Through analysis of the relevant provisions of the constitutions of both countries, the article defines the place of political parties in the state system. In addition, the article considers the methodology of measuring the level of constitutionalization of political parties. Based on the data on the level of constitutionalization of political parties in Germany and Ukraine, the author attempts to determine the role of the constitutionalization of political parties in the process of their institutionalization. The article finds that the process of constitutionalization shapes the institutional role of political parties in the state and provides the parties with the core principles of their functioning. Although constitutions of both Germany and Ukraine embed provisions regulating political parties, only the Basic Law of Germany covers the issue of the institutional capacity of political parties and their place within the state policy. Considering that the Constitution of Ukraine does not determine the place of political parties in the system of the state power, further research shall be conducted to define the impact of constitutionalization on the process of party institutionalization in Ukraine. |
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| ISSN: | 2617-2607 2663-0621 |