Reception in constitutional law: the problems of providing the doctrinal definition

Keywords: reception in constitutional law, constitutional and legal reception, constitutional reception, constitutionalism, eurointegration, perception, implementation, assimilation

Abstract

It is attempted to provide the doctrinal definition of “reception” in constitutional law through comprehensive analysis and identification
of its characteristics taking into account the specific features of constitutional law as a leading branch of the national legal
system.
It is proposed to identify among the specific features characterizing reception in constitutional law and distinguishing it from related
legal categories the following: reception in constitutional law is an objective phenomenon of constitutional and legal reality and a
permanent process of interaction between states; it may be unilateral, bilateral or multilateral; it is manifested in the perception, implementation
and assimilation of diversified constitutional and legal material, both as doctrinal one (ideas, principles, doctrines, concepts,
etc.) and as normative one (constitutional legal norms, institutions, etc.), as well as international legal norms; generally is conscious
and volitional, i.e. ultimately implemented at the instigation of public authorities on the basis of normative consolidation; may be vo -
luntary, forced or coercive; is determined by the objective necessity in the process of constitutional and legal development of the state,
and is not a mere transfer of constitutional wordings; is a means of constitutional and legal modernization and development of the system
of constitutional law; facilitates the convergence of legal systems. In Ukraine it is also a means of eurointegration; is cross-temporal,
i.e. is manifested in the perception, implementation and assimilation of foreign constitutional and legal material created in the modern
or historical era; can have both constructive consequences contributing to the development of the system of constitutional law, and
destructive ones causing rejection and leading to constitutional and legal distortions; the object of reception is mainly constitutional and
legal material, being received from countries with a more developed system of constitutional law, where innovative constitutional institutions,
norms, concepts, doctrines have been tested over time and have proved their effectiveness. International legal norms ratified by
the national parliament can also be the object of reception.
Summarizing identified characteristics and taking into account the sectoral specific features of constitutional law, it is proposed
to understand reception in constitutional law as a constitutional and legal phenomenon and process of legal interaction between states,
which is cross-temporal and lays in the possibility or necessity of perception, implementation and assimilation of foreign constitutional
and legal material (international legal norm) by the national system of constitutional law for the purpose of its modernization and deve -
lopment.

Published
2020-11-10
How to Cite
Verlos, N. (2020). Reception in constitutional law: the problems of providing the doctrinal definition. Law Review of Kyiv University of Law, 1(3), 88-92. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/478
Section
Constitutional law. Municipal law