INTERNATIONAL LEGAL STANDARDS IN THE FIELD OF CONSTITUTIONAL LAW: A COMPARATIVE ANALYSIS

Abstract

The article delves into the concept of international legal standards within constitutional law, presenting them as a cohesive set of universally acknowledged norms, principles, and practices that outline the prerequisites for democratic governance, human rights protection, and adherence to the rule of law. It explores the essence and origins of these standards by examining sources such as international treaties, rulings from the European Court of Human Rights (ECHR), and documents issued by the United Nations and the Council of Europe. A comparative analysis is conducted to highlight how various countries integrate international standards into their respective constitutional frameworks. Special focus is given to Ukraine, where notable obstacles in implementing these norms are identified, including judiciary instability, political interference in constitutional oversight, and excessive formalism in legal enforcement. The article also discusses defining characteristics of international human rights standards as enshrined in global legal documents. These standards are characterized by textual uniformity and functional applicability across various international state associations. They employ abstract and often evaluative language to outline minimum acceptable or aspirational levels of human rights protections, aligned with societal development and its dynamics. Moreover, these standards impose positive obligations on states to safeguard, uphold, and defend rights while providing mechanisms for enforcing penalties—be they political or legal—for violations. The analysis focuses on pivotal international documents that outline safeguards for human rights and fundamental freedoms, with special attention to their integration into Section II of Ukraine’s Constitution. It underscores the significance of case law from the European Court of Human Rights and the International Court of Justice in developing and reinforcing these principles. The European Court of Human Rights stands out as a foundational body in formulating, promoting, and enhancing global standards for human rights protection. Operating within the scope of the European Convention on Human Rights, it guarantees uniform interpretation of fundamental rights and freedoms, providing indispensable legal guidance to judicial systems in member states.