RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY

Abstract

The article deals with modern problems of perception and implementation of the basic principle of therule of law through correlation with the constitutional and legal concept of parliamentarism, proposed as alever to improve the efficiency of lawmaking procedures and the formation of an internally stable and fairstate mechanism. Attention is drawn to the practical difficulties of comparing the terms under consideration,associated with different national perceptions of the concept of the rule of law; with the debatable definitionof the justice of the law; with the presence of an often subtle difference between the legal force of a law anda by-law; with the intrusion of the judiciary and executive power into the prerogatives of the legislator; withthe processes of globalization, putting supranational bodies above parliaments; with chaos, inconsistency,irrationality and a significant amount of legal norms, as well as a variety of areas of legal regulation in themodern state. At the same time, the article notes positive trends in the convergence of legal structures ofthe rule of law and parliamentarism, associated with the emergence of legal levers to ensure the reality ofthe rule of law (law), including constitutional justice, supranational bodies; awareness of the inextricablerelationship between the rule of law and the implementation of human rights, the separation of powers,the accessibility and fairness of the court, the responsibility of the authorities; posing the question of theeffectiveness of legislation.