Constitutional review has been in existence in some form throughout the history of mankind. One of the most impressive features of the 20th century has been the emergence of specialized institutes for judicial/constitutional review in more than one hundred-fifty countries. The exclusive and increasing role of constitutional review has resulted in a persistent demand for a scientific generalization of the problems of genesis of the new constitutional review systems, as well as their operation and development.

A major aim among the vital theoretical and practical problems of constitutional review is the definition of the position and role of the Constitutional Court within the system of state authority, as well as the establishment of the separation of powers between the legislative, executive and judicial branches.

It is common knowledge that polarized opinions exist on these issues not only in theory but also in the practice of constitutional review. Moreover, the lack of clarity and determinacy can impede the deployment of an efficient system of judicial constitutional review aimed at making social development sustainable and dynamic. This is rather characteristic of the newly emerging democracies, with the constitutional regulation of public relations having an incomplete character. In situations of this type, it is of crucial importance to clarify the role and position of constitutional justice within the system of state authority, as well as to provide the necessary and sufficient stipulations for their adequate operation.

Furthermore, the world community has currently embarked upon a new stage of development with interlinks and mutual effects becoming dominant, and general needs and approaches being formulated with regard to the newly instituted democratic values. That is why the system of constitutional review of each country has to meet certain general criteria. It is a persistent imperative to identify these criteria, so as to produce the theoretical analysis and formulation of a continuously operating system of constitutional review.

The constitutional review has acquired a particular importance as one of the pivotal links of the social organism's immune system¹. The authors' approaches and suggestions along these lines provide new methodological capabilities for resolving many relevant issues with regard to the integral continuity of the state authority and the system of constitutional review.

It is also to be noted that constitutional review is a result of developing the theoretical thought in the twentieth century, many issues of theory and practice in this domain being evidently related not only to discrete, but also to systemic analysis and generalizations.

A major objective of this study is to facilitate the formation of a system of state authority that would securely provide the resolutions of the issues of supremacy of the Constitution, protection of the fundamental human rights and freedoms, establishment of the necessary provisions for the sustainable and dynamic development of society, with suppressed revolutionary factors and the processes of advance accumulation of negative social energy.

The authors' objective is to uncover the circumstances, premises and factors necessitating the establishment of an efficient system of constitutional review, which in turn will require a systemic approach in evaluating the achievements of constitutional review in the international practice, in identifying the unresolved issues and bottlenecks. The authors uncover the social, historical and national features in individual countries to propose specific approaches, to establish an independent and efficient body of constitutional review.

On the basis of comparative evaluation and systemic approach, general regulations and basic rules, prevailing trends and the logic of developing the systems of constitutional review not only in developed countries, but also in countries of emerging democracy are revealed. The position and role of the bodies of constitutional review within the system of state authority have been uncovered.

Considerable effort has been focused upon a multifactorial evaluation of social experience, specific and relevant characteristics of constitutional review as well as communications between different bodies of state authority at differing stages of development with regard to state and society. The emergencies triggered by the transitional period will not only generate the social strains requiring special techniques for their neutralization but also will prompt original approaches to retaining the dynamic equilibrium with the society and securing the supremacy of the Constitution. Under these conditions, the constitutional review has to shape itself with regard to the specific features of the current situation and become operational as a crucial component of the society's immune system. The latter, in turn, has become the subject of multi-dimensional analysis in this work.

The authors are concerned with uncovering the internal logic of formation and functioning of the judicial constitutional review as a system. Examination has been done on basic disputable issues of constitutional review, with specific propositions advanced to improve the systems of constitutional review, particularly in the countries of emerging democracy.

A new concept of formation and development of a complete system of constitutional review on the turn of the 21st century has been substantiated based upon studying of many years' experience of the judicial constitutional review, many available models, identifying the features of transitional period, as well as a suggested technique of comparative constitutional analysis.

A classification of the basic forms of constitutional review has been developed, a complex analysis has been done of the features of preventive, ex post facto, concrete, abstract, selective, mandatory judicial constitutional review, a thesis has been substantiated on the optimal combination of the mentioned forms.

Comparative analysis of the experience gained by scores of the world's states helped to identify the basic regularities, prevailing tendencies and the logic of development of the system of constitutional review, as well as to suggest formulations for scientifically substantiated inferences involving the development of this institute. Also effected was classification and typological listing, uncovering the judicial systems of European countries, with regard to the relationship between the ordinary courts and the constitutional court. A thesis is advanced and substantiated that the Constitutional Court is the one of the few bodies of state authority having a direct responsibility of subordinating the policies to law, and the political actions and resolutions to the constitutional legal forms and requirements.

A new methodological approach is substantiated to the evaluation of the position and role of the bodies of constitutional review within the system of state authority based upon a multifactorial analysis of the legal nature and substance of the institute of constitutional review, its historical stipulations, evolution and dynamics as a universal factor of democratizing the society and state, the said bodies being regarded as the pivotal link of the immune system of a civil society and a state governed by the Rule of Law.

Substantiation is provided of basic principles and criterial elements for the formation of a valid system of constitutional review on the eve of the third millennium. Constitutional review is examined not only from the viewpoint of exercising the judicial function, but also from the position of the public and state administration, as well as of the nation-implemented right to a direct discharge of state authority. A novel treatment is given to the inner logic of formation and development of the European system of constitutional review. Moreover, a new methodological approach is being suggested to the evaluation and analysis of stability in social development and in uncovering the position and role of constitutional review in this regard.

Many recommendations dealing with the functional relationship of individual branches of power, with the position and role of constitutional deterrents and counterbalances, can exert a substantial influence upon improving the institutional system of the bodies of state authority in the countries of emerging democracy and become useful in implementing the constitutional reforms.

Specialists of wide-ranging profiles, civil servants, lawyers, political scientists, economists and members of legislative bodies can gain knowledge in both general fundamentals as well as in organization and functioning of constitutional courts, their jurisdiction, operational modes and techniques, association with other institutes of state authority in different countries, make use of the authors' guidelines as well as of the suggested methods of comparative constitutional analysis in their work.

The authors would like to express their appreciation to Professors G. Schwarz, M. Baglai, G. Maltsev, and the Members of the Center for Constitutional Rights of the Republic of Armenia for useful consulting and discussion of the relevant issues.

Dr. Harutyunyan and Dr. Mavcic would also like to take this opportunity to thank Mr. Dean DeVos, Mr. G. Vahanyan, Ms. E. Erzinkian, Mr. A. Emin, Ms. L. Hakobyan for the preparation of materials and for the assistance during the comparative analysis.