Milchakova, O.V. Modern ideas on defi ning constitutional control

Abstract: In the XXI century the need for the constitutional control in a democratic rule of law state, which is based upon the principle of separation of powers, is undoubted. The institution of constitutional control held various forms and methods of implementation throughout its history. The article is devoted to one of the issues in the theory of constitutional control, namely, the definition of this institution. The author attempts to take part in the scientific discussion regarding definition of “constitutional control” and its correlation with the “constitutional supervision”. In the course of the analysis of the key existing approaches towards defining “constitutional control” in the science of constitutional law, the author mostly employs formal legal and comparative legal methods. Having analyzed the main current approaches towards the definition of “constitutional control”, the author provides her own definition of this institution based upon various matters, including the experience of the former Yugoslavia states in the sphere of constitutional justice. In the opinion of the author constitutional control is the activity of the competent state government bodies towards control (and if necessary, support) compliance or non-compliance of laws, other normative and general acts, acts and omissions of public government bodies, organizations and non-governmental organizations to the Constitution.

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