The simple values of constitutionalism. In Krytyka, No. 1-2 (159-160), 2011, pp. 2-5.

Authors

Vsevolod Rechytskyi

Keywords:

freedom, philosophy of law, The End of History

Synopsis

The article examines the values of constitutionalism – freedom, the market, and social dynamics – using the examples of Ukrainian and American constitutionalism. The author notes that in Ukraine there was no awareness of the functional purpose and strategic goal of the Constitution, which is why it has many shortcomings that hinder the functioning of democracy. As an alternative, the author promotes the American model of organic constitutionalism, which treats the Constitution as the main normative factor in establishing horizontal market relations and as a guarantor of individual freedom. This concept is aimed primarily at accelerating social interactions, protecting the market, and ensuring freedom of expression in science, education, and the arts, extending beyond the political and legal dimensions. The author supports this position by referring to Francis Fukuyama’s argument in The End of History that the success of the United States stems from an ethic of the irrational, which protects everything unpredictable and spontaneous, including the market and freedom.

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Published

October 27, 2026