The implicative relationship paradigm of democracy and constitutionalism: key values

Abstract

The scientific article examines and analyzes the key values of the paradigm of the implicative relationship between democracy and constitutionalism.
 It has been determined that democracy is characterized by significant benefits not only on the national level, but also on an international scale, including the provision of sustainable economic development, the existence of various forms of ownership, the establishment of fundamental rights, interests and freedoms, their proper protection by reliable mechanisms, security guarantees, and the development of civil society.
 It is emphasized that the concepts of constitution and democracy have an implicative relationship within the framework of the doctrine of constitutionalism, which considers the constitution as a means of democracy by applying the formula "democracy through law". Such is the idea of the constitution which constitutionalism carries, and which makes it the doctrine of democracy.
 It was established that the key values of constitutionalism are: the actual functioning of the principle of the rule of law; separation of powers and the real existence of a mechanism of checks and balances that prevents the monopolization of power (since this division of powers is contained in the constitution itself, it becomes an effective tool for ensuring constitutionalism); responsible and accountable government that serves the people who elect it (if the government does not live up to the expectations of the electorate, the powers of such state and local government bodies are terminated by voting in democratic elections for more worthy elected officials for these positions); the concept of popular sovereignty, which assumes that state bodies derive their legitimacy from the people (even if there is a certain sovereign entity that is authorized to manage state affairs, the "ultimate" sovereignty belongs to the people, and the power of such a sovereign entity comes from the public); ensuring human and citizen rights and freedoms; the rights of the individual must be properly protected, then constitutionalism will flourish; the independence of the judiciary is the essence of any liberal democracy and the basis of a free society; the judiciary is the defender of the rule of law.
 It has been determined that democracy as a legal category and concept as a whole is subject to ambiguous interpretation and understanding by modern scientists in some aspects. At the same time, there are those aspects of democracy on which researchers are largely unanimous in their opinion. First of all, this is an assertion, which has actually become empty, that democracy has a close relationship with constitutionalism and its basic values, the concept of popular sovereignty, as well as state building.