Direct judicial democracy as a constitutional and legal phenomenon

Abstract

The scientific article examines direct judicial democracy as a constitutional and legal phenomenon.
 It has been established that conducting scientific research on the direct participation of the people in the exercise of judicial power requires the use of various methods and approaches to obtain objective information and understand this process. These include empirical research (collection of factual data related to court cases in which citizens participated, analysis of court documents, minutes of court sessions and other sources of information), study of legislation and legal acts regulating the participation of citizens in court processes, in order to determine the structure and scope of the rights and obligations of participants in court cases, the study of historical changes in legislation that relate to the direct participation of the people in the exercise of judicial power and their influence on modern judicial practice, sociological surveys and questionnaires (using structured questionnaires or interviews it is possible to investigate the opinions and beliefs of citizens regarding participation in judicial processes, their expectations and attitudes towards the judicial system in general), comparing court decisions and practices in different judicial systems or regions to identify similar and different characteristics in the impact of direct participation of citizens on the judiciary.
 It is emphasized that ensuring the independence of the judiciary and increasing its social responsibility to citizens through mass media and civil society are important components on the way to improving the justice system.
 It was noted that direct judicial democracy is a mechanism by which citizens take an active part in making court decisions, giving them the opportunity to influence the decision of cases. In this context, citizens become judges who participate in the consideration of specific cases, make decisions and determine punishment, if it is necessary.
 In summary, despite the advantages of direct judicial democracy, it is also accompanied by challenges and limitations, such as insufficient legal education of citizens, the possibility of manipulation and the need for significant resources to ensure the participation of citizens in judicial procedures. However, these limitations are not insurmountable and can be overcome through effective education and awareness programs, as well as by encouraging civic participation.