Constitutional Right To Resist

Abstract

The article is devoted to the problem of the constitutional right to resistance. The right to resist is one of the oldest rights, which began its constitutionalization with the appearance of the first constitutional documents - the Declaration of Independence of the United States in 1776, the French Declaration of Human and Civil Rights in 1789 and 1793. Today it is a familiar element of constitutional design. constitutional consolidation. At the same time, the content of this right and the criteria for its implementation are still insufficiently defined. The right to resist is associated with the protection of the constitution in the face of tyranny, as well as with the exercise of a number of political rights, with or without violation of the law, with or without the use of force. An approach is analyzed according to which the right to resist in a pluralistic democracy is not in itself necessary as an active one, but it should be as a reminder (prevention) for supporters of totalitarianism, as well as a means of educating democratic thinking. It is concluded that further research on this rule is essential in Ukraine. This concerns the development of a scientifically sound approach to the constitutionalization of the right to resist, as well as a legal assessment of the events of autumn 2004 and late 2013-early 2014. Similarly, understanding the concept of the right to resist helps to understand the content of as a result of the exercise of the right to revolt, gaining new legitimacy, and subsequently to defend the relevant right. The uprising can be seen from the standpoint of the current constitution as a challenge to the existing system and an encroachment on its legitimacy. Strictly speaking, therefore, the purpose of the uprising, its grounds and legitimate means for assessing the constitutionality are extremely important. The constitutionalization of the right to resist helps to use the existing legal arsenal of concepts and concepts to provide a legal assessment and develop appropriate criteria for the legitimacy of resistance.