| Article | Problems of Ensuring Democratic Constitutional Order in Modern Ukraine |
|---|---|
| Authors |
Stavniichuk M.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 82 - 89 |
| Annotation | The article investigates the prospects of democracy in Ukraine in the context of the democratic foundations of the constitutional order in Ukraine. The author explores the democratic constitutional system as a set of principles and guarantees, which arise from the concept of democratic governance and democratic interaction between the state and civil society. Among the principles of constitutional order the author focuses on the principles of popular sovereignty, humanism and reality. It is argued that the concept of constitutional system combines the properties of both the formal and essential traits characterizing the constitutional order in the aspect of its objectives, values and principles. Therefore, an important step in the democratic development of Ukraine is to improve the fundamental principles of democracy and guarantees of the constitutional order. It is shown that these principles and guarantee must be taken into account, not only theoretically, but also they should find their direct fixation in the process of updating the Constitution of Ukraine. It is proved that the guarantees of the constitutional order of Ukraine cannot be limited to the activities of public authorities, because in this system, the determining role belongs not to the state, but to the Ukrainian society, which is one of the main subjects of the constitutional-and-legal relations in Ukraine. |
| Keywords | constitutional order, democracy, principles of constitutional order, guarantee of constitutional order, national sovereignty, humanism, state authorities. |
| References | |
| Electronic version | Download |