Democracy and the rule of law: modern methodology of management and authority activity

Irina Zharovskaya "Democracy and the rule of law: modern methodology of management and authority activity"

Educational-Scientific Institute of Law and Psychology Lviv Polytechnic National University, D.Sc. (Law), Associate Professor

In general, democracy should be understood as a political form of government in the state, exercised by the people or directly (direct democracy), or indirectly through elected representatives (representative democracy). The analysis of foreign literature made it possible to generalize the signs of democracy. However, it is stated that they are purely formal. It is the quality of these institutions that reflects the reality of democracy. A separate analysis of the basic principle of democracy - the rule of law. From a narrow approach - the concept of the rule of law covers only the principles of procedural justice. From a broader approach, it also covers more substantial specifications of the elements included in the rule of law. A key characteristic of the rule of law is that it has an important task - to verify the real functioning of the institutional protection of human rights. Ultimately, the rule of law represents the protection of individual rights as the main goal in the functioning of political institutions. The legal approach must change, enabling proper governance through the expansion of the classical positivist understanding of law. This modern paradigm of public administration tries to use democratic values ​​instead of bureaucratic values. Because bureaucratic organizations are never neutral. As a result, one group fulfills their demands and the other is detached from it. Therefore, a new paradigm of modern government is the reality of ensuring equal influence of groups and entities on government decisions in public administration by establishing a democratic procedure and upholding democratic values. These include transparency of governance, broad participation, accountability, accountability, rule of law, efficiency and effectiveness of decisions.

1. Diamond L., Morlino L. (2005) Assessing the quality of democracy: Introduction. Assessing the quality of democracy, Baltimore: The Johns Hopkins University Press, p. xi. 2. Stasiuk O.Y. (2018) Democracy in the Stalinist style, or how falsified elections in the Soviet Union [Demokratiia po-stalinsky, abo yak falsyfikuvaly vybory v Radianskomu Soiuzi]. Modern times. 6, 243-248. 3. Vovk S.O. (2020) The problem of "democracy deficit" and its overcoming in the European Union [Problema "defitsytu demokratii" ta yii podolannia u Yevropeiskomu Soiuzi] Young scientist. 11 (2), 281-285. 4. Rueschemeyer D. (2005) Addressing inequality. Assessing the quality of democracy, Baltimore: The Johns Hopkins University Press. 5. Zolo D. (2007) Rule of Law: A critical reappraisal The Rule of Law. Theory, History and Criticism, Dordrecht: Springer, 2007. 6. Koopmans T. (2003) Courts and Political Institutions. A comparative view, Cambridge: Cambridge University Press. 7. Gerasimova E.M. (2020) Doctrine of freedom in a democratic society: the ideal and reality [Doktryna realizatsii svobody v demokratychnomu suspilstvi: ideal i realnist] Bulletin of the National Aviation University. Philosophy. Culturology. 2, 5-9. 8. de Búrca, G., Scott, J. (2006). Introduction: New Governance, Law and Constitutionalism. In G. de Búrca, J. Scott (Eds.). Law and New Governance in the EU and the US (pp. 1-12). London: Hart Publishing.