Judicial constitutional review and the transformation of modern constitutionalism: problems of harmonization and development

• Published in: Юридические исследования no. 6; pp. 90 - 111
• Main Author: Poyarkov, Sergei Yur'evich
• Format: Journal Article
• Language: English
• Published: 01.06.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.6.74649

The relevance of the research topic lies in the significance of judicial constitutional review as a key institution that ensures stability and development of the constitutional order in modern legal systems. In the context of the transformation of constitutionalism, accompanied by globalization, digitalization, and increasing challenges to national sovereignties, the role of judicial bodies in protecting the Constitution becomes increasingly prominent and multifaceted. The issue of harmonizing judicial review within pluralistic legal systems and amid competing jurisdictions remains unresolved, leading to legal uncertainty and risks of legal fragmentation. The topic of judicial review is timely given the rise of judicial activism, as well as the role of courts in law-making and ensuring a balance of interests amidst political and social changes. It acquires special significance in the context of post-classical constitutionalism. In this regard, the study of the problem of harmonizing judicial review aims to identify ways to integrate national judicial systems in the context of global legal standards and regional institutions. The methodology of the research is based on comparative and institutional approaches, allowing for an analysis of various models of judicial constitutional review in different countries and at various levels. To this end, methods of analyzing judicial practice, as well as historical-legal and regulatory approaches, were utilized. The novelty of the research lies in the integration of various theoretical and practical approaches to judicial constitutional review in conditions of globalization and transformation of legal systems. The article emphasizes changes in the role of courts, their interaction with political and social processes, as well as new challenges that require a rethinking of the boundaries of judicial power. It demonstrates how constitutional review becomes not only a tool for protecting the Constitution but also a factor of legal progress and resilience in times of crisis of representation. The necessity of institutionalizing judicial interaction, strengthening the legal responsibility of judges, and enhancing the links between justice and society is substantiated. In conclusion, the importance of digitalization of judicial proceedings for enhancing the accountability of courts and increasing the efficiency of their review is emphasized. The development of proposals for harmonizing judicial review can serve as a foundation for further changes in national constitutional systems and international legal practice.