Thе balance between democraci and the rule of law as a way to establish the law-governed state

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Thе balance between democraci and the rule of law as a way to establish the law-governed state

Journal Title: Проблеми законності - Year 2018, Vol 143, Issue 143

Abstract

This paper has dealt with incidence of the balance between democracy and the rule of law. The problem of quantitative and qualitative characteristics of democracy is one of the key issues in its theory, was covered in the writings of the representatives of elitist and collectivist concepts. Could we unequivocally state that the democratic form of government has won and there are no threatening factors? A significant number of modern countries are not ready to accept democratic principles. The cleavage between the scholars ranges from the maximum limitation of citizens’ political participation and the transfer of the entire initiative exclusively to the political elite, to attempts to involve them in the decision-making process at all levels. We believe that a comprehensive and systematic study of the whole complex of the issues related to the balance of democracy and the rule of law must be considered among the most relevant and perspective directions of modern legal science. And a reliable deed in this direction can be only the notion of democracy as the rule of the majority, where the differences between interests are not depressed and ignored, but governed by law, supported by socio-political agreement on the basis of balance of interests and mutually beneficial compromises, in which provision of both the rights of minorities and natural inalienable human rights are guaranteed.

Authors and Affiliations

Olga Sydorenko

Keywords

democracy rule of law law-governed state democratic values principle of a law-governed state social structure of society

EP ID EP466697
DOI 10.21564/2414-990x.143.148497
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