| Article | Democratic Principles of Legal and Social State |
|---|---|
| Authors |
Petryshyn A.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 63 - 71 |
| Annotation | The most common theoretical bases of the concept of democracy in the context of tasks to create a legal and social state determined by the Constitution of Ukraine are highlighted in the article. Brief overview of main controversial points of theories of democracy was made both in historical and political perspectives, and 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 (direct and representative); 2) the ratio of the majority and minority in exercising of state power, and 3) separation of state power and ensuring its accountability; 4) validity and observance of human rights in the work of public authorities. Particular attention is paid to problems of implementation of national sovereignty, the role of representative democracy for the proper organization of power in the modern state. Author investigates the issue of national (political) identity of the people as the substance of a democratic state, the issue of separation of powers as a security from transformation of the democracy 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 |