Parliamentarism, people’s sovereignty and the legislative authority: problems of relationships

Abstract

The article examines the historical relationship of people’s sovereignty with parliamentarism, with the constituent power and legislative activity, which allows a better understanding of the essence, specifics and boundaries of both the constituent power and legislative activity, as well as its derivative legislative activity. The development of the idea of popular representation and its reflection in the doctrine of democracy can be traced. The phenomenon of parliamentarism in the modern world as a system of political organization of the state is studied, in which the parliament, due to the fact that it is the highest body of popular representation, as elected directly by all people and, therefore, designed to express the sovereign will of all authorities. The scope, limits, and procedure for exercising the sovereign power of the people, including the exercise of legislative and constituent power directly by the people, the peculiarities of adopting the constitution, amending it by a referendum or constituent assembly or parliament, the possibilities and features of the people’s exercise of legislative initiative, the power of parliament to exercise constituent and legislative power. The special role of the current Constitution and the procedures established by it in the exercise of the power delegated by the people by the parliament is emphasized. Some constitutional constituent powers of the parliament are analyzed (appointment of an all-Ukrainian referendum, appointment of the President of Ukraine, appointment of the Prime Minister of Ukraine and a number of ministers and other officials, resignation of the Prime Minister of Ukraine, members of the Cabinet of Ministers Ukraine and others), implementation by the parliament of budgetary, control, ceremonial powers. Particular attention is paid to one of the most important tasks of the parliament - to exercise legislative power, in accordance with the constitutional principle of separation of powers, enshrined in Article 6 of the Constitution of Ukraine. The direct connection and dependence of the legislative powers on the legislative power of the parliament is emphasized.