| Article | Democracy as a Basis or Legal and Social State |
|---|---|
| Authors | Petryshyn A. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2014 |
| Pages | 73 - 82 |
| Annotation | The article highlighted the most common theoretical foundations of the concept of democracy in the context of the established by the Constitution of Ukraine tasks for development of legal and social state. The author made a brief overview of main discussion points of theories of democracy not only in historical and political perspectives, but also from the point of view of modern analysis. Particular emphasis is placed on the fact that the study of democratic principles of legal, social state provides for an appeal to: 1) national sovereignty and forms of its realization (directly and representative); 2) the ratio of the majority and minority in exercising state power; and 3) separation of state power and its controllability; 4) legitimacy and human rights in the work of public authorities. Particular attention is paid to problems of national sovereignty, the role of representative democracy for the proper organization of power in the modern state. The article covers the investigation of the issue of national (political) identity of the people as the substance of a democratic state, the issue of separation of powers as a guarantee of transformation of democratic into tyranny, the value of legitimacy and observance of human rights for the realization of democratic principles. |
| Keywords | democratic state, popular sovereignty, forms of democracy, separation of powers, human rights. |
| References | |
| Electronic version | Download |