|Article title||Interrelationships Between Democracy, Parliamentarism and the Rule of Law: the European Standards and Today’s Ukrainian Realities|
Doctor of Law, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Honored Lawyer of Ukraine (Kyiv, Ukraine) firstname.lastname@example.org
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
Based on the analysis of today’s national constitutional and legislative practice and foreign experience, the article highlights the indivisible interrelationships between democracy, popular sovereignty and such related concepts as State’s power, parliamentarism and the rule of law. In this context, the author makes a critical assessment of the draft laws adopted by the new Ukrainian government concerning amendments to the Constitution of Ukraine. Resting upon the European and international standards and the practice of constitutional regulation of interrelationships between democracy and parliamentarism in foreign countries, the author soundly argues that a number of amendments proposed by the new Government to the Fundamental Law of Ukraine do not comply (are inconsistent) with the rule of law principle, particularly, with such its fundamental components as requirements to the balance of direct and representative democracy and legal certainty.
It is argued that the people as the bearer of sovereignty and the only source of power in Ukraine are subject to the rule of law principle, and any of their decisions should be taken in strict accordance with its requirements, in particular, the principles and provisions of the Constitution of Ukraine.
In this regard, the author specially emphasizes the need for a professionally balanced and responsible attitude to amendments to the Fundamental Law of Ukraine. Without denying certain shortcomings of its text and the possibility (expediency) of eliminating them, the author at the same time emphasizes that the Constitution of Ukraine accumulates all of the basic values of constitutionalism built up on the centuries-old period of its development. Therefore, attempts of each new government to adjust the Constitution’s text to its own vision are nothing else but manifestations, on the one hand, of constitutional idealism, i.e., an inclination to believe that constitutional innovation is able of radically changing the situation in the country regardless of the readiness to such changes on the part of society in general and political elites in particular, and on the other hand – of constitutional nihilism which is, unfortunately, traditional of them – a disrespectful attitude to law, legislation and the Constitution of Ukraine.
Despite their seemingly multi-vector orientation, these are the sides of the “same coin” – lacking political and legal culture, distorted legal consciousness and unprofessionalism which sometimes borders on dilettantism.
|Keywords||popular sovereignty; representative democracy; balance of democracy forms; legal certainty; constitutional idealism; constitutional nihilism; professionalism; populism|
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