THE PHENOMENON OF THE JUDICIAL SYSTEM OF THE 21ST CENTURY: TRANSFORMATION, CHALLENGES AND PROSPECTS

Abstract

The article examines the transformation of the judicial system in the
twenty-first century in the context of globalisation, digitalisation and social
change. The author proposes a comprehensive approach to the analysis of the
modern judicial system, covering three interrelated dimensions: institutional,
technological and socio-philosophical. Attention is focused on the transition from
formal legal positivism to the concept of ‘living constitutionalism’, which requires
a new role of the court as an active entity capable of protecting constitutional
values in the context of specific legal situations.
The article examines examples from the case law of the Constitutional Court
of Ukraine, the European Court of Human Rights, and the introduction of digital
justice tools, in particular, the Ukrainian system «E-Court». The author highlights
both the positive effects of digitalisation (reduction of case processing time,
increased transparency) and challenges (inequality of access, threat of
algorithmic bias, need for control over AI).
Particular attention is paid to the problem of judicial independence in the
face of political pressure. The author analyses international experience, including
the financial autonomy of courts and the selection of judges in Ukraine after the
2016 reform. It is concluded that institutional and procedural independence are
key factors of trust in the judiciary.
The study results in the formulation of a conceptual model of judicial
reform based on a combination of the rule of law, technological modernisation
and institutional autonomy. The article emphasises the need to strike a balance
between the efficiency of justice and the observance of fundamental rights, taking
into account the national context and international standards.