Concept of People’s Sovereignty of Modern Legal Science: Retrospective Look and Prospects of Research
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
In article the retrospective analysis of a research of the principle of people’s sovereignty in foreign and domestic legal science prior to the beginning of the first quarter of the XX century is carried out and also the main ideas of its development in works of erudite con- temporaries are presented. The main scientific contexts of emergence and justification of the concept “sovereignty” are traced. In particular, it is noted that O.Shcherbanyuk carried out systematization of historical and legal concepts of people’s sovereignty having marked out in it naturally legal ideas, theories of absolute sovereignty and the doctrine of people’s sovereignty in substantial sense. The analysis of the main key moments of the doctrine of Altuziya, Bodin, Hobbes, Rousseau, Hegel, Duguiti, Ellinek, Kelsen and other thinkers about sovereignty in which the main aspects of their theoretical provisions are marked out is submitted. Special attention is paid to the analysis of the ideas of Rousseau who is considered the founder or “father” in the theory of people’s sovereignty, the author of a formulation of the concept “people’s sovereignty” and “democracy”, indivisibility of people’s sovereignty. The contents of a thesis that people’s sovereignty is a basis of existence and functioning of any political organism, including the state and its power reveal. The thinker laid the theoretical foundation for formation of model of direct democracy, ensuring democracy and constitutional legal safeguards of development of people’s sovereignty. Special attention is paid to development of the concept “people’s sovereignty” of the do- mestic legal theory, in particular in M. Paliyenko works. The specified ideas gained further development in the context of his understanding of the idea of law great power statehood, co- herence of the state by the law. He proved the fundamental importance of the theory of people’s sovereignty for development of a legal thought and legal science in general. Not less interesting in a research of contents and essence of the theory of people’s sover- eignty there are ideas S. Dnistryansky who develops these questions in a close context with a perspective of the democratic and constitutional state. The concept of sovereignty is associated by S. Dnistryansky with people’s sovereignty as the main both the base of the state sovereignty and a constant factor of realization of the government.
Authors and Affiliations
Oleksandr Skrypniuk
Keywords
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