SOME THEORETICAL AND PRACTICAL ASPECTS OF ENSURING THE DIRECT EFFECT OF THE CONSTITUTION

Abstract

The article examines the theoretical, methodological, and practical approaches to understanding the institution of the direct effect of the Constitution and the mechanism for ensuring it. Utilizing structural-logical, systemic-structural, comparative-legal, and descriptive methods, the study reveals the essence, legal nature, and regulatory potential of the direct effect of constitutional norms. It substantiates the significance of this institution for ensuring the supremacy of the Constitution, protecting human rights and freedoms, strengthening the rule of law, and promoting the sustainable development of a state based on the rule of law. The direct effect of the Constitution is explored simultaneously as a principle, a method, and a special regime of legal regulation. Models of formal, indirect, limited, direct, and actual (“living”) effects of constitutional norms are identified, along with an analysis of their primary advantages and disadvantages. The author proposes a definition of the concept of the “direct effect of the Constitution,” establishing its features, criteria, and implementation conditions within legislative, judicial, and other law enforcement practices. Special attention is given to the correlation between direct effect and the legislative specification of constitutional norms, the distinction between their operation and implementation, and the role of courts and constitutional justice bodies. Furthermore, the study identifies the main challenges surrounding the direct application of the provisions of the Constitution of the Republic of Uzbekistan. Finally, proposals are formulated to improve legislation, develop the institution of individual constitutional complaints, conduct regulatory impact assessments of draft laws, and adopt the Code of Constitutional Court Proceedings.