| Article | Democracy and the Law: Problem of «Law Determination» of Modern Democracies |
|---|---|
| Authors | Prokopov D. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 131 - 140 |
| Annotation | The article investigates modern problems of defining the notion of democratic state and its main features. The author pays a special attention to the fact that the establishment of democracy as of a specific institutional, organizational, structural and functional system is accompanied by a significant change of both the concept of power, and the understanding of law. Therefore, in modern jurisprudence the issue of relationship between the processes of democratization and the establishment of the rule of law show their urgency. From this point of view, the constitutional experience of Ukraine in the field of democratic institutions establishment, and normative constitutional entrenchment of democratic state in Ukraine are studied. The author describes main principles of democratic state functioning, which arise from the requirement of law determination. The role of law determination as one of the main criteria for establishing the level of democracy of Ukraine and at the same time as a significant landmark of the process of national development and constitutional modernization is substantiated. |
| Keywords | democracy, law, rule of law, constitutional regulation, democratic state, institutions of democracy. |
| References | |
| Electronic version | Download |