Danilenko, D.V. Key directions of evolution of modern constitutionalism

Abstract: One of the key directions of evolution of constitutionalism is that the key goal of the modern Constitution is provision of guarantees for basic rights and freedoms, rather than “rational” organization of power, as it used to be. This transfer of priorities, as expressed in current priority of the inalienable rights and freedoms in the text of the Constitution, as well as their guarantees, is, in particular, a type of reaction towards the numerous totalitarian regimes of the XX century. Another important direction of evolution of constitutionalism is in recognition of importance of primacy of the Constitution over the other norms of legal order, including legislative norms, as well as recognition of shortcomings of pre-existent guarantees. This evolution is due to the lack of trust to the acts of state bodies, including law, which, as any other source of law may lead to violations of the Constitution. Keywords: history of legal and political thought, positive law, constitutionalism, modern definition, evolution, separation of powers, rights and freedoms of individual and citizen, legal force of the Constitution, primacy of the Constitution, judicial guarantee of the Constitution