| Article | Democracy and Problems of Constitutional Ensuring the State Power Development |
|---|---|
| Authors | Skrypniuk V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 90 - 99 |
| Annotation | The article analyzes current problems of the constitutional ensuring democratic state power development in Ukraine. Based on materials of the constitutional comparative studies, the author refers to the interaction between the branches of power, as well as to the order of their formation. The specificity of the interaction between the different branches of power in the context of updating the Constitution of Ukraine is investigated. The author examines the constitutional experience of Ukraine, points out at the problems that arose in the course of interaction between the President, the executive and legislative branches of the government after the adoption of the Constitution of 1996. Particular attention is paid to the correlation between a purpose to ensure the stability of governance and democracy of public power. It is argued that the excessive growth of concrete organs of the government, if it is not accompanied by the formation of a system of «checks and balances», can cause a general decrease in the level of democracy of the state. From this point of view, increasing the «effective management» by concentration of power may have the effect of curtailing democratic reforms. It is proved that in the course of the modernization of the Constitution of Ukraine should be provided institutions of separation of powers, and their interactions, which will help to combine the requirements of democracy and the principle of public power efficiency. |
| Keywords | constitutional law, democracy, democratic constitutional order, interaction of the branches of government, separation of powers, methods of representative bodies formation, updating of the Constitution of Ukraine. |
| References | |
| Electronic version | Download |