Constitutionalism Under Fire: The Constitutional Court of Ukraine as a Guardian of Rights, Justice, and Democracy in Times of War and Transition

During a full-scale destructive war in Ukraine, constitutional control, as an element of the state system of legal protection of fundamental values and guarantees of human rights, has embodied the people’s will to establish peace, freedom, democracy, respect for human dignity, and protection of human rights. The Constitutional Court of Ukraine, as a state body with unique powers to maintain the balance of power, plays a fundamental role in ensuring that legislation aligns with constitutional principles and human rights standards during this difficult period. Since gaining independence in 1991, Ukraine has faced two simultaneous transitions: overcoming its post-Soviet legacy that has flooded all spheres of public and state life and defending against Russian military aggression for over 11 years. This paper explores the role of constitutional review in Ukraine during its full-scale war, highlighting its significance as part of the state’s legal framework for protecting human rights and core values. It examines the contribution of the Constitutional Court of Ukraine to restoring human rights and improving constitutional oversight, especially during the adoption and amendment of laws. Specific decisions of the Constitutional Court of Ukraine showcase its ability to address remnants of Ukraine’s colonial Soviet past and its potential to shape institutional reforms that may become integral to Ukraine’s transitional justice system in the post-war era. While the Constitutional Court is not a legislator, its decisions provide a crucial finality to the law-making process, positioning it as a key actor in Ukraine’s transitional justice efforts.