| Article | Constitutional Process as a Way of Democratization of Modern Ukraine |
|---|---|
| Authors | Yakovliev A. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2013 |
| Pages | 114 - 122 |
| Annotation | The article describes main objectives of the constitutional process from a perspective of further democratic development of Ukraine. The author identifies main constitutional and legal problems of strengthening democratic institutions in Ukraine, justifies the need to improve the legal system to ensure cooperation between the state and civil society. The constitutional process and associated democratization of the constitutional system are analyzed as a necessary condition for the formation of democracy in Ukraine. It is proved that the constitutional changes should not concern just governmental or social system, but the constitutional system as a whole, as long as this category of legal science includes the bases of the governmental and social system of Ukraine. It is argued that the increasing of the role of law in the development of the state and civil society makes it, as well as the associated process of constitutional modernization, one of the principal means of democratization of Ukraine. Therefore, the constitutional process in modern Ukraine should not be considered only as a part of the constitutional law, but as a way of radical democratic changes of government and society. In this context, the constitutional law is both the foundation and the basis that can provide to the process of democratization not only an appropriate stimulus and focus, but also a clear and legitimate constitutional and legal form. |
| Keywords | constitutional process, democracy, democratization, democratic state, civil society, constitutional order, direct democracy. |
| References | |
| Electronic version | Download |