| Article | On the Question of the Democratic Legal Development (Some Theoretical Generalization) |
|---|---|
| Authors |
Onishchenko N.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 141 - 148 |
| Annotation | This article analyzes the «democratic saturation» of law in different temporal and spatial dimensions. Historical background of formation and development of democratic legal principles on the example of the Greek, Roman law and sources of law of other jurisdictions is shown in the article. The article states that the democratic development of the law, first of all, depends on these «options» as on sources of law, the postulates of law, functions of law and the principles of law, which differ significantly across time and space coordinates. Particular attention is paid to the development of democratic legal institutions of modernity. First of all, we are talking about the required democratic and legal factors, namely: freedom, equality and justice. It is indicated that the saturation of the democratic rights as a central element of the legal system, is directly dependent on other social systems, such as: political, economic, moral, and so on. The article notes that the study of the democratic content of law, its theoretical foundations and the potential is one of the most important tasks of modern legal science and practice. |
| Keywords | law, democracy, democratic and legal development, democratic values, freedom, equality and justice. |
| References | |
| Electronic version | Download |