The contribution of constitutional control to the symphony of law-making activity as an element of transitional justice : the Ukrainian case

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Zhdankina, Larysa; Sadowski, Mirosław M. and Bonaviri, Gianluigi Mastandrea and Ceccotti, Filippo, eds. (2025) The contribution of constitutional control to the symphony of law-making activity as an element of transitional justice : the Ukrainian case. In: Heritage in War and Peace IV. University of Strathclyde Publishing, Glasgow. ISBN 9781914241802 (https://doi.org/10.17868/strath.00093376)

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Abstract

The Constitutional Court of Ukraine (CCU), as a state body with unique powers to maintain the balance of power, plays a fundamental role in transitional justice, ensuring that legislation aligns with constitutional principles and human rights standards. Since gaining independence in 1991, Ukraine has faced two simultaneous transitions: overcoming its post-Soviet legacy, which has permeated all spheres of public and state life, and defending against Russian military aggression for over 11 years. This paper examines the historical evolution of Ukraine’s national concept of transitional justice and, using the example of individual decisions of the CCU, demonstrates how constitutional review can serve as a key mechanism in shaping a special national model. By ensuring legal quality, legislative harmonisation, and human rights protection, the CCU can prevent politically motivated justice and integrate international legal norms into domestic law. However, challenges persist, including fragmented implementation, political interference, and balancing wartime exigencies with legal stability. The CCU must merge constitutional oversight of the quality of laws, the competence to interpret legal provisions, ensuring a transparent direction to protect human rights and punish perpetrators, and social reconciliation to promote justice, accountability, and long-term stability in Ukraine's postwar reconstruction. This research contributes to understanding how constitutional courts can effectively operate as guardians of transitional justice in dual-transition contexts, offering insights applicable to other post-conflict societies seeking democratic consolidation whilst managing historical legacies and contemporary security challenges.

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