Constitution revision and revolutionary constituent power: political and legal strategies for legitimizing changes to the fundamental law of the state

The study is relevant due to the ongoing constitutional transformations taking place in Ukraine, and their revolutionary nature. With that, methodological tools for describing such transformations and the connection of changes in the legal system with the exercise of constituent power usually remain without attention of Ukrainian jurisprudence. The purpose of the paper is to identify the influence of the type of legal understanding to solve the issues of constitutionality and the force of the act, formalizing the exercise of the functions of the primary constituent power. The combination of the dialectical approach with the method of comparative analysis used in the article enabled the establishment of the features of understanding the sign of the validity of the constituent act from the standpoint of the main types of understanding of law. Moreover, the dialectical approach manifests its heuristic capabilities in the form of principles of historical and logical unity, content and form, essence and phenomenon, including the laws of unity of opposites and denial in the development of political and legal phenomena. The author has proved that the appeal to the socio-activity and socio-psychological justifications of the legitimacy of the revolutionary constitutional amendments allows us to argue that the main legal attributes of the act of exercise of constituent power (legitimacy and force) are socially determined and specifically historical. Factoring this in, such attributes are relational and relative. The relationality of a constituent act lies in its relationship with a specific system of law and a specific legal consciousness and in correlation to different types of legal understanding. Relativity of an act refers to the historical turnover of a legal assessment of an act. Sociological positivism and natural law serve as strategies of legitimation that can be used for both revolutionary and conservative purposes. Legal normativism acts as a means of legitimizing acts of ordinary rule-making and delegitimizing unconstitutional acts of constituent significance