Article title Legal Nature of Democracy as a Political and Legal Category
Authors

Doctor of Law, Professor, Corresponding Member National Academy of Legal Science, Honored Worker of Science and Technology of Ukraine, First Deputy Chairman of The Verkhovna Rada of Ukraine  (Kyiv, Ukraine) ORCID ID: http://orcid.org/0000-0001-6385-0131 Research ID: http://www.researcherid.com/rid/M-2450-2018  r.stefanchuk@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10/2019
Сторінки [13-24]
DOI https://doi.org/10.33498/louu-2019-10-013
Annotation

The issues inherent in democracy are at the intersection of many social sciences, such as sociology, philosophy, political science, and, surely, jurisprudence. Jurisprudence has the scientific arsenal which contains a unique tool to study any social processes and phenomena-the theory of legal relations. From the perspective of the theory of legal relations, any phenomenon or process is viewed through the prism of the subject-object connection which emerges, changes or ceases on the basis of legally defined circumstances (or the totality, the state of such circumstances) and is characterized by the presence of specific content – reciprocally corresponding rights and obligations. In this context, democracy is no exception. It is expedient to view democracy within the system of legal relations as a legal category which is a part of the categorical array of constitutional law and constitutes the principle and institution of constitutional law, has an effect virtually on all other structural elements of constitutionalism thus defining the paradigm of the constitutional and legal regime of the State.

The purpose of the article is to determine the place and the role of democracy in the palette of legal phenomena and processes.

The main result of the research is the study of democracy, namely, of legal principle, legal guarantee, subjective right of the people, object of legal relations and rights, legal framework and the constitutional legal institute.

According to the conclusion made by the author, each of the mentioned aspects of democracy requires a thorough and independent research which is currently lacking in national jurisprudence; such research can significantly expand the boundaries of legal comprehension of this interesting legal definition. Unfortunately, studies of democracy available in Ukraine do not fully reveal the comprehensive nature of this category, and this is crucial not only for development of constitutional law as a science but also has particular relevance for the practice of lawmaking and the constitutional reform in our country.

 

Keywords the rule of people; democracy; constitutional rights
References

Bibliography

 

Authored books

1. Kelsen H, Vom Wesen und Wert der Demokratie (Tubingen 1920) (in German).

2. Mel’vil’ A, Demokraticheskie tranzity. Teoretiko-metodologicheskie i prikladnye aspekty [Democratic Transits. Theoretical, Methodological and Application Aspects] (1999) (in Russian).

3. Pshevorskij A, Demokratija i rynok. Politicheskie i jekonomicheskie reformy v Vostochnoj Evrope i Latinskoj Amerike [Democracy and the Market. Political and Economic Reforms in Eastern Europe and Latin America] (2000) (in Russian).

 

Edited and translated books

4. Kolodii A, ‘Pryntsypy prava: heneza, poniattia, klasyfikatsiia, mistse i rol u pravovii systemi Ukrainy’ [‘Principles of Law: Genesis, Concept, Classification, Place and Role in the Legal System of Ukraine’] v Pravova systema Ukrainy: istoriia, stan ta perspektyvy [Legal System of Ukraine: History, State and Prospects], t 1: Metodolohichni ta istorykoteoretychni problemy formuvannia i rozvytku pravovoi systemy Ukrainy [Methodological and Historical Theoretical Issues of Ukraine’s Legal System Establishment and Development] (Tsvik M ta Petryshyn O zah red, Pravo 2008) (in Ukrainian).

5. Politologija [Political Science] (Achkasova V i Gutorova V red, Piter 2005).

6. Rousseau J-J, Traktaty [Treatises] (1969) (in Russian).

7. Tokvil’ A, Demokratija v Amerike [Democracy in America] (Progress – Litera 1994) (in Russian).