Wartime Constitutionalism and the Politics of Constitutional Review in Ukraine
On 18 July 2024, Ukraine’s Constitutional Court issued a decision concerning the rights of the accused in criminal proceedings under martial law. The extension of detention, the Court ruled, can only be issued based on a reasoned court decision—this applies even in times of war. In this blogpost, we examine how the war has influenced the ways in which various actors engage with constitutional complaints, before discussing the Constitutional Court's recent decision on Article 615.6 of the Criminal Procedure Code. We argue that this ruling exemplifies how the Constitutional Court can maintain the relevance and practical significance of its decision-making in wartime.
