The problem of the nature of people’s sovereighty and its definition in the constitutional law
The essence of people’s sovereignty as a legal phenomenon is clarified and its author’s definition for the science of constitutional law is proposed.
The essence of people’s sovereignty as a legal phenomenon is clarified and its author’s definition for the science of constitutional law is proposed.
The article looks at the nature of representative democracy as a form of realization of
popular sovereignty. The relationship of popular sovereignty and representative democracy is
analyzed. The necessity of using an expanded approach to the circle of people’s representatives
is substantiated. The normative, political and social requirements concerning the procedure
for the election of representatives of the people and the procedure for exercising their powers
in the context of the implementation of the people’s sovereignty are investigated.
The article is dedicated to the analysis of academic lawyers’ ideas of the late XIX and early XX centuries (A. Esmein, L. Duguit, M. Hauriou) who developed a popular sovereignty legal concept and formed the basis of constitutionalism European model. During the consideration of national sovereignty concepts of A. Esmein, L. Duguit, M.
The article deals with the research on understanding the peculiarities of ensuring national sovereignty principle of implementation by public authorities in terms of democratic transformation and formation of new law and order based on the modern constitutionalism values. Legal awareness peculiarities in the post-soviet period and certain aspects of the legal mechanism of providing national sovereignty are analyzed by the author.
The article contains the analysis of the development history of the national sovereignty
doctrine and legitimacy of the government in France during the nineteenth century. It
indicates that the mentioned doctrine is significantly different from the one offered by Jean
Jacques Rousseau in the eighteenth century. It was based on the idea of natural human rights,
which are the main criteria for democratic legitimation, and the idea that legitimacy is not a
constant feature of public authority and therefore requires constant moral recognition within
This paper investigates the philosophical meaning of terrorism in the context of the struggle for national sovereignty. The question concerning the relationship of national sovereignty and terrorism. Correlation and differences between some acts of terrorism and the struggle for national sovereignty and guerrilla wars. Installed incorrect interpretation of terrorism as one of the logical sequels and consequences of the national liberation struggle.
The question of the meaning of the national sovereignty principles and human rights for a modern constitutional state is raised and analyzed. It is noted that the two mentioned principles are closely interrelated in the process of their realization.