Principle Of Popular Sovereignty Research Articles

GENERAL ELECTIONS IN INDONESIA FROM THE PANCASILA PERSPECTIVE

Indonesia is a democratic country that obliges its implementation to adhere to the values stipulated in Pancasila and the 1945 Constitution as the foundation of the state. The principle of popular sovereignty, which is embedded in the fourth Sila of Pancasila, creates a concept known as people's sovereignty, where the people are the ultimate holders of sovereignty and have rights and responsibilities in the governance of the state. General elections (Pemilu) are an expression of these democratic values and a manifestation of the principle of people's sovereignty in the Indonesian democracy system. This research aims to delve deeper into the implementation of Pemilu from a Pancasila perspective. The research method used is qualitative, where the researcher collects data from various sources such as books, journals, and other relevant references related to the research topic. The research concludes that Pemilu in Indonesia is an implementation of democracy rooted in the values of Pancasila and upholds the principle of people's sovereignty as outlined in Pancasila as the foundation of the state. However, in the current era, the implementation of Pemilu still falls short of the ideal Pancasila and is not entirely sufficient in realizing the principle of people's sovereignty.

The concept and classification of principles of constitutional-legal responsibility of subjects of the electoral process

In this scientific article, the concept and classification of the principles of constitutional-legal responsibility of subjects of the electoral process are examined and analyzed. It is established that elections are a phenomenon guided by central principles of democracy. They provide citizens with the opportunity to choose their representatives and determine the future of the country. However, to ensure the fairness and legality of the electoral process, it is essential to have an effective system of constitutional-legal responsibility for the subjects of the electoral process.
 Fundamental (basic) principles of constitutional-legal responsibility of subjects of the electoral process include legitimacy and legality, honesty and transparency, justice, accountability and punishment, independence of the electoral commission, freedom of speech and media independence, international observation, as well as the principle of popular sovereignty.
 It is emphasized that the principle of justice is fundamental to ensuring the democracy and legitimacy of the electoral process. It helps ensure that all participants have equal conditions for expressing their political preferences and freely expressing the will of the citizens through voting. Constitutional-legal responsibility also includes a prohibition of discrimination and ensuring equal opportunities for all subjects of the electoral process.
 Highlighting the principle of independence of the electoral commission, it is crucial for ensuring fairness and trust in the electoral process. The electoral administration should be entirely apolitical, meaning that electoral bodies and commissions should not be influenced by any political party or candidate. They should operate independently of political ambitions and interests, strictly adhering to the laws and constitutional norms of the country. Their actions and decisions should be based on the law rather than political or personal beliefs.
 In summary, the principles of constitutional-legal responsibility of subjects of the electoral process are guiding ideas and fundamental principles enshrined in the Constitution and laws of Ukraine, defining the content and essence of the constitutional-legal responsibility of participants in the electoral process, the peculiarities of the development of its normative-legal regulation, and the specifics of its application.

OPTIMIZATION OF SIMP (SOLIDITY, INTEGRITY, MENTALITY, PROFESSIONALITY) ELECTION SUPERVISORS TO ACHIEVE DEMOCRATIC, HONEST AND FAIR ELECTIONS

A democratic country is a country whose government is run based on the principle of popular sovereignty. Popular sovereignty means that the people have the ultimate power to determine state policies and regulations. The people can use this power in various ways, such as elections, referendums, and petitions. The purpose of this writing is to maximize the performance of general election supervisors to realize democratic, honest and fair general elections. The research method uses descriptive qualitative analysis using data taken from literature sources and then analyzed. The results of the study that as election organizers must have an attitude of solidarity, integrity, mentality and professionalism. The responsibility of the election supervisor is the Election Supervisory Body (Bawaslu). Bawaslu as an institution responsible for implementing general elections is obliged to improve the loyalty, performance and behavior of election supervisors in order to achieve democratic, honest and fair general elections. Optimizing the behavior of election supervisors to improve integrity can be done with technical guidance, consolidation between election administrators and digitalization of supervisory applications

남북 통일과정에서의 ‘군대의 정치적 중립성’에 대한 고찰

It is difficult to predict the process of inter-Korean unification. However, we cannot abandon standards as principles of popular sovereignty, liberal democracy, respect for basic human rights, rule of law, and pacifism in our Constitution. In order to maintain these standards, it is necessary to think about controlling the armed forces of the two Koreas. Regarding the control of the armed forces of the two Koreas, it is necessary to review the legal system for military integration, but the scope is very wide. In this study, I look at the ‘political neutrality’ of the military, which is a prerequisite for unification and military integration. Because the military follows orders and obedience, it can move arbitrarily by specific people or political forces in some cases. Therefore, in the unification process, it is necessary to standardize the military's political neutrality in the unification agreement and the unification constitution, and to define the act of undermining political neutrality as unconstitutional and illegal. On the other hand, the military's political neutrality, which must be considered in the unification process, is largely divided into two categories. The first is neutrality from political intervention in the election process, and the second is neutrality from military intervention (coup). This concept must be carefully reviewed and implemented in order to ensure that the basic principles and principles of our Constitution are observed in the process of unification. In particular, when examining North Korea's electoral system and military system, the Korean People's Army, led by the chairman of the State Council, is highly likely to undermine the constitutional value of a unified nation. Therefore, measures to prevent this in advance must be stipulated in the Unification Agreement and the Unification Constitution by referring to the South Korean Constitution and subordinate laws.

Strength of Constitutional Court Decisions in Judicial Review of the 1945 Constitution in Indonesia

This research discusses the strength of the Constitutional Court's decision regarding judicial review in Indonesia. The Constitutional Court is an institution of judicial power tasked with exercising the authority of judicial review born from the 3rd Amendment to the 1945 Constitution. In this study, the philosophical and normative foundations that form the basis for the strength of the Constitutional Court's decision to conduct judicial review will be discussed. The method used is normative juridical, using secondary materials such as laws, decisions of the Constitutional Court, and related legal literature. This study's results confirm that the Constitutional Court's decision to conduct a judicial review has a powerful dimension of power. This power can be viewed from several angles, both philosophical and normative. In the philosophical aspect, the strength of the Constitutional Court's decision lies in the principles of popular sovereignty and constitutional supremacy. While in the normative aspect, the strength of the Constitutional Court's decision is based on the provisions of laws and regulations governing the authority and procedures of the Constitutional Court in conducting judicial reviews.

Competing Projects in Global Governance

The twentieth century is a fascinating time to follow the relationship between global governance and firms because of the persistent tension between principles of mass democracy and private ownership and control. It is possible to narrate the entire century as a series of contestations between firms and international organizations. At times, firms have had the upper hand. At other times, the principle of popular sovereignty has threatened the self-perceived rights and prerogatives of business. In my own work, I have homed in on ruptures at two main points.

경찰국의 법적 문제에 관한 소고

There were many controversies and conflicts regarding the police department established under the Minister of Public Administration and Security, and the constitutionality and legitimacy of the police department, which emerged as the main issue of the controversy, was examined in terms of the principle of popular sovereignty, principles of the administration of the rule of law, and Administrative organization legalism. Since all administrative rights of the Republic of Korea are part of the sovereignty delegated by the people, its legitimacy is based on the principle of popular sovereignty and constitution, and all executive rights belong to the president because the current constitution defines the subject of executive power as the president.
 Since the police authority is included as part of the executive authority and belongs to the president according to the constitution, its legitimacy is based on the executive authority of the president born from the principle of popular sovereignty. And according to the Constitution, the executive powers of the President shall be executed by the Prime Minister and the heads of administrative departments who are members of the State Council under the order of the President with or without deliberation by the State Council. Since police authority is also part of the executive authority of the President, the President, the Prime Minister and the Minister of Public Administration and Security can direct and supervise the exercise of authority by the Commissioner General and public officials under his control in ordinary cases, and in an emergency, delegate authority to the police chief and public officials under his jurisdiction. Therefore, since the establishment of an administrative agency to assist the authority of the President, Prime Minister, and the Minister of Public Administration and Security is constitutional, the police department under the Minister of Public Administration and Security is a constitutional.
 On the other hand, there is a view that the establishment of the National Police Agency is presented as a basis for the independence of the police, arguing that the police department violates the independence of the police. Police independence is a concept that does not exist under the Constitution and is a political slogan. The National Police Agency is an external office established in consideration of the uniqueness of the administration and is only one of the current 18 external offices, not an independent external office composed of the remaining 17 offices and other constitutional principles. Although there is controversy in terms of strengthening the political neutrality of the police, The police department in Ministry of Public Administration and Security, through consultations between the National Police Agency Commissioner and the Minister of Public Administration and Security, and the final settlement of the President of the police personnel in the police department centered on the police force between the National Police Agency Commissioner and the President's Office It is evaluated as a system that strengthens the political neutrality of the police because it can serve as a bridge to convert into transparent police personnel.
 The scope of police power to which the principle of the rule of law is applied is basically a police enforcement action for the public prescribed in the Police Officer's Duty Execution Act, and there is a passive limitation that police power should be exercised for the purpose of protecting the lives, bodies and property of the people. The right to form a police organization, the right to organize a police budget, the right to personnel of police officials, the right to establish police policies, and the right to command and supervise police execution still belong to the president, the prime minister, and the Minister of Public Administration and Security, as stipulated in the Constitution.

The Main Features of the System of Organization of State Power under the Constitution of the People’s Republic of China of 1982

The article is devoted to a comprehensive analysis of the fundamental components of the state constitutional system of the People’s Republic of China and its evolution. Based on the analysis of the works of famous foreign and domestic Chinese scientists, the traditions of the political system of the People’s Republic of China using general scientific and special methods (dialectical, comparative, logical, system-structural, functional, analysis and synthesis methods), the main characteristic features of the Constitution of the People’s Republic of China in the 2018 edition were studied years, related to changes in the state and social system of China during the second half of the 20th century, especially with the processes of the second decade of the 21st century. In particular, the essence of the system of organization of state power according to the 1982 Constitution of the People’s Republic of China, amendments and changes to the norms of the constitutional legislation of the People’s Republic of China at various stages of its history, forms of state organization, contours of the system of higher and local state authorities of the People’s Republic of China, the sphere of competence of individual state authorities in the People’s Republic of China, their specific functions, which have a certain purpose, aimed at meeting the relevant needs of the state as a system. In addition, the main elements of the political system, including the structure of the party system, and state policy regarding national minorities are analyzed. Conclusions are made about the main stages of the history of the development of the Constitution of the People’s Republic of China, the influence of the official ideology of Marxism and Maoism, the socialist system as the basis of the People’s Republic of China, the place of the Communist Party of China in the state and political system of the country. The issue of the socialist approach to the rights and responsibilities of the citizen, the lack of a real state guarantee of the declared right to work and the significant limitation of the realization of the right to education, the single right to social security in old age on a nationwide scale, is highlighted. The exceptional place of state property in the economy of the People’s Republic of China, the evolution of the form of state government, the principle of popular sovereignty as the core principle of the organization of political power is shown, and the counter-liberal and radical changes of 2018 associated with the strengthening of the power of the President of the People’s Republic of China are characterized.

New Format Idea in Dissolution Application Political Parties in Indonesia

This research formulates several problems, namely: 1) why do reasons and applicants for the dissolution of political party in Indonesia need to be extended in the request?, 2) how is the ius constituendum of the stage of the application for the dissolution of political party in Indonesia? The research method used a juridical normative method by using a philosophical approach and a legislative approach. The results of the research show that corruption must also be included in one of the reasons for the dissolution of a political party, because corruption is a crime that can cause harm for the community. As for the extension of applicants, the urgency can be viewed from four factors. First, the principle of popular sovereignty that adopted by Indonesia. Second, the concept of rechtsstaat that adopted by Indonesia. Third, giving the government the role to be the only applicant in the application for dissolution of a political party will obstruct the process of supervision of political party carried out by the people. Fourth, one of the political party financial resources are from the APBN / APBD, so people reserve the right for the accountability of the use of APBD/APBN by political party. There are two stages in the constituendum of the dissolution of political parties in Indonesia, namely: 1) the stage of submitting an application to the Constitutional Court, 2) the stage of trial in the Constitutional Court. The trial stage consists of five stages: First, preliminary examination. Second, the follow-up trial. Third, the verification process. Fourth, Judicial Consultation Meeting (JCM). Fifth, the reading of the decision by the constitutional judges

민주공화국에서의 시민교육 — 포퓰리즘에 대한 헌법이론적 측면에서의 검토를 중심으로 —

Among several important constitutional principles, populist constitutionalism emphasizes the principle of popular sovereignty or popular sovereignty. The principle of popular sovereignty is not only an important ideology of democracy, but also an important ideology of populism. The principle of popular sovereignty in harmony with representative democracy accepts the principle of rule of law as an essential component, whereas the principle of absolute popular sovereignty pursued by populism seems to be incompatible with the principle of rule of law. This is where the incompatibility between populism and liberal constitutionalism begins.
 Although populism's critique of liberal constitutionalism provides a very important insight into structural problems in liberal democracy, populist constitutionalism ultimately leads to the completion of an authoritarian or dictatorial ruling system to maintain their permanent maintenance of political dominance. It poses a serious threat to democracy in that it seeks to justify it through constitutional amendment or constitutional enactment.
 As the legal-practical approach of populism, the instrumentalist approach holds that the legal values pursued by populism are determined according to how effectively they are useful as a tool for environmental domination that well explains and predicts current social phenomena. This instrumentalist approach can be seen to contain elements of an opportunistic and seditious nature within it. Paradoxically, using the instrumentalist approach of the populists to overthrow the liberal-democratic constitutional system and to realize their political programs, the most used tool is also the constitution.
 Populists criticize the liberal understanding of constitutionalism and the rule of law.
 Their critique is the constitutional control mechanism for political phenomena based on liberal constitutionalism. What they criticize is the control of politics through the rule of law, that is, the establishment of limits for political domains through the law, that is, the pursuit of depoliticization through the law. Populists prefer the theoretical approach for critique of liberal constitutionalism and the arguments formed through it, and they share and spread their opinions on it through various media as well as various media.
 Despite these populists' criticisms of liberal constitutionalism and the rule of law, the starting point of the constitutional evaluation of populism must be evaluated from the perspective of democracy and the rule of law from the point of view of the liberal constitutionalism they criticize.
 A democratic constitutional state attempts to find a constitutional theory formed within the framework of a constitutional system in the rule of law, as a clue to solving problems related to various domestic and international political phenomena such as populism. The principle of the rule of law, which has justice, legal stability, and proportionality as its ideological components, is a dynamic constitutional concept that can be continuously developed. Therefore, in relation to the continuous development of the principle of the rule of law and the guarantee of the possibility of formation, the constitutional order is newly formed and developed dynamically in the form of populism in the conceptual framework of the modern rule of law, which has been confirmed through the practice of law and the theory of law. What legal control standards can be established and suggested over the political realities that exist? Otherwise, a democratic constitutional state must be able to develop and develop a new constitutional interpretation that seeks an appropriate and balanced point that can accommodate constitutional-developmental constitutional policies based on populism to some extent within the scope of the constitutional order.

Instrumentalising sovereignty claims in British pro- and anti-Brexit mobilisations

Despite the growing literature on Brexit, specifically, and conflicts of sovereignty, more generally, there has been insufficient research on how the concept of sovereignty has been used in citizen campaigns and street protests across the United Kingdom – a form of ‘counter-democracy’ through which people attempted to oversee the post-referendum political process. Combining qualitative content analysis of campaign websites with a discourse-network analysis of media articles on Brexit protests, this article shows that claims to sovereignty were mobilised not only in conflicts between the United Kingdom and the European Union, but also in conflicts between different institutions within Britain itself. Both ‘Leavers’ and ‘Remainers’ appealed to popular and parliamentary sovereignty at different points in time, pragmatically adapting their framing according to changing circumstances but also as a result of a dynamic series of interactions with each other, including denying, keying and embracing their opponents’ frames. Crucially, conflicts around different institutionalisations of popular sovereignty did not demand system change, a rhetoric familiar from other protests of the 2010s such as Occupy Wall Street with its emphasis on ‘We are the 99%’. To the contrary, pro- and anti-Brexit mobilisations remained firmly focused on Brexit policy itself. They problematised the split between ‘Remainers’ and ‘Leavers’ within the United Kingdom, between 48% and 52%, and thus, on a deeper level, the tension between the political principle of popular sovereignty and the sociological reality of a split country. Finally, the more Leavers opposed Remainers, the more movements and parties on each of these two sides aligned. Politicians featured prominently in campaigns and as speakers at protest events, contributing to close cooperation between protesters and parties, and precluding anti-systemic discourses around popular sovereignty that would target parties and institutions altogether.

Legal Reconstruction of State Institutionalities of State Commissions to Suppress the Potential of Institutional Authority Dispute

The main problem of this research triggers by the fact that Indonesia fundamental constitutional system changed into the 1945 Constitution. The changes affected the structure and structural mechanism of state institutions. The main purpose of this study is to analyze the philosophical question of the basic root formed in the 1945 Constitution as a new constitution of Indonesia. Regarding the organization and institution of the state can be started by questioning the essence of power that is institutionalized or organized into the state. The results showed that it is also important to know how the principle of popular sovereignty is reflected in the structure and mechanisms of state and government institutions that guarantee the establishment of the legal system and the functioning of the democratic system. At the theory level in terms of state institutions, with the various state commissions, how the principle of popular sovereignty is organized into institutional functions can be patterned into state institutions that are equal and mutually balanced in forms of checks and balances. From a normative perspective, the sources of state institutional authority can be used as a reference in the structuring of state institutions by considering shifts and the development of state administration, especially with the state commissions that occurred after changes to the 1945 Constitution.

Los contornos federales de la soberanía popular. La reforma electoral de Sáenz Peña y los ciudadanos de los Territorios Nacionales

The citizens settled in the National Territories could not participate in national elections for almost the whole history of these spaces. A conventional approach has taken this situation as the sign of a deprivation of political citizenship that would reflect the restrictive nature of the political order imposed on the Territories. Nothing would have changed with the passing of the Saenz Pena Law, which would have kept the settlers of the Territories excluded from citizenship.However, Saenz Pena’s electoral reform did include the Territories and their inhabitants. Even if they remained without the possibility of voting in federal elections, it was not due to any attribution of political incapacity but to the legal status of such spaces. By studying published and unpublished documents, this paper not only questions that traditional interpretation but also aims to depict the way the principle of popular sovereignty was mediated by the federal frame of the representative regime.

A Meta-Category “People” and Limits of Cognition in the Science of Constitutional Law

Based on approaches existing in domestic science to the interpretation of the term “a people”, the author concludes that in constitutional law the term under consideration is used in at least two different meanings: 1.as a source of power; and 2. as a subject of constitutional rights. The author highlights the irreducibility of this duality and substantiates the thesis that the concept of the people as a source of power is one of the limiting concepts of constitutional law and, therefore, cannot be defined within its framework. Awareness of this problem leads some Russian lawyers to denying the principle of popular sovereignty, and other scholars try to equate the concept of “a people as a source of power” with the concept of electoral corps. Arguing both these approaches, the author highlights that according to Gödel’s theorem on incompleteness, constitutional law as a system of formally defined norms cannot be complete and uncontroversial at the same time. Attempts to construct a “pure” constitutional-legal theory free of any extra-legal elements where definitions of all concepts the theory operates would be derived from the theory itself lead to intractable contradictions. If the system of constitutional law is built as non-contradictory, it is inevitably incomplete, in particular it uses concepts that cannot be defined within its framework. The author investigates such concepts and categories belonging to a higher level of abstraction as meta-categories, or marginal concepts, of the science of constitutional law. The category “the people as a source of power” is one of them. Concerning the dilemma of completeness and consistency of constitutional law as a system of formally defined norms, the author prioritizes consistency.

Социально-политическое предназначение института передачи государственных полномочий организациям: привлечение экспертных знаний и повышение качества государственных услуг

The subject of the article is the study and analysis of the socio-political purpose of the institution of the delegation of state powers to organizations in a view of its two functions: attracting expertise to the public sector and improving the quality and accessibility of public services by involving non-governmental organizations in this process. From the point of view of constitutional law, these functions of the indicated institution are derived through the principle of popular sovereignty and the right of citizens to participate in the management of state Affairs. Recent amendments to the Constitution of the Russian Federation (art. 75.1) further increased the relevance of these functions as creating conditions for mutual trust between the state and society. The function of attracting expertise helps to complement public policy with the contribution of a more experienced private sector, which, having higher professional competence in a particular field of activity, contributes to a better, more efficient and faster solution of tasks (SKOLKOVO Innovation center, special economic zones). The function of improving the quality and accessibility of public services is aimed at achieving such goals as attracting non-governmental organizations to participate in the provision of public services, as well as improving their quality and accessibility for citizens and their associations (accredited passport and visa centers, multifunctional centers). Thus, it is noted that the functions of the institution of the delegation of state powers to organizations make a huge contribution to the development and harmonization of relations between the state and society, as well as contribute to the practical implementation of certain provisions of the Constitution of the Russian Federation.

The nationalism-populism matrix

ABSTRACT Nationalism and populism are frequently confused in popular and academic discourse alike. The aim of this article is to shed some light on the mutual entanglement of nationalism and populism by delineating the historical and structural conditions out of which the two discourses arise. Specifically, I demonstrate that nationalism and populism are symptomatic of the coupling of two political principles within the territorial frame of the modern state: the principle of political representation and the principle of popular sovereignty. As a result, the functioning of modern politics requires a double move: the identification of who the sovereign people are and the re-presentation of the people in the place of power. I argue that nationalism corresponds to the first of these moves while populism corresponds to the second. Nationalism and populism are, therefore, intrinsically intertwined: even if they can be conceptually distinguished, they cannot be fully separated. This also suggests that nationalism and populism are much more pervasive in modern political theory and practice than has generally been recognized. The extreme phenomena to which the terms commonly refer are just especially intense and polarized manifestations of two underlying logics that are always-already at work.

THE AUTHORITY OF ADMINISTRATIVE COURT IN SETTLING THE DISPUTES OVER ELECTION PROCESS IN INDONESIA

<em>Indonesia is a country that provides constitutional guarantees over the principle of popular sovereignty. A manifestation of the principle of popular sovereignty is through the holding of a General Election. To safeguard the implementation of fair and democratic elections, laws and regulations concerning elections are made by the government. One of the principles of fair and democratic elections is the availability of legal mechanisms to resolve election disputes. The Indonesian Election Law already has these rules. One mechanism for resolving election disputes is through state administrative courts. This research focuses on discussing the development of the authority of the State Administrative Court (PTUN) in resolving disputes over the Election process. The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law. This study also discussing two PTUN decisions. The decisions show how electoral law is applied in the practice, which is sometimes not always the same as what is expected by legislators.</em>

Revisitando el concepto de estado en Carl Schmitt. Legalidad, legitimidad y derecho

Trabajaremos en el presente artículo los tipos de Estado y sus legitimidades en las obras del jurista alemán Carl Schmitt, evitando caer en una lectura fragmentaria o cargada de prejuicios ideológicos. Se revistarán los textos, realizará una selección y presentarán las principales posiciones sustentadas por el autor, siguiendo su propia exposición. La antología irá acompañada de una exégesis del concepto de Estado, sus distintos tipos y presupuestos. Como principal resultado, advertiremos el problema de la legitimidad en el Estado moderno y su vinculación con lo político, que el liberalismo pretendía soslayar con la equiparación con el criterio de legalidad. Schmitt afirma, por el contrario, que legalidad y legitimidad podían ser, incluso, contradictorios y por ello se referencian los tipos de Estado legislativo, el jurisdiccional y el administrativo y gubernativo. Por último, se confronta el concepto de Derecho, ley y democracia. La tesis de Schmitt demuestra las contradicciones que existe entre el principio de soberanía popular y los controles fijados al sistema parlamentario. Los problemas que señala no han sido superados ni por los actuales modelos teóricos ni por modelos empíricos. Si bien las posibilidades de un tercero “imparcial” que solucione las contradicciones dejó abierta la posibilidad al Führerprinzip, lo cierto es que las herramientas normativas de excepción continúan vigentes en los sistemas presidencialistas de nuestra Región.

Silencing the laws to save the fatherland: Rousseau’s theory of dictatorship between Bodin and Schmitt

ABSTRACTJean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority. Taking position in the ‘debate’ between Bodin and Grotius on the relation between dictatorship and sovereignty, he argued that the dictator could provisionally suspend the people’s sovereign authority, but not abolish it. More particularly, the dictator did not possess the power to make generally binding laws, which had to remain the exclusive authority of the popular assembly. However, this did not prevent Rousseau from recognizing the dictatorship as a means for democratic reform. Rousseau thus conceived of the dictatorship as a time-limited and revocable commission to protect the constitution and to provide for a more stable and effective state organization based on the principle of popular sovereignty.

Practical Implementation of the Principles - Constituents of the Rule of Law in Civil Relations

The article deals with the research of issues related to the implementation of the rule of law principle in civil relations. The authors reveal the peculiarities of the implementation of the principles - components of the rule of law in certain institutions of civil law. The rule of law is one of the fundamental principles not only of lawmaking but also of law enforcement. The complexity and versatility of this phenomenon necessitates its disclosure in relation to other legal principles that exist as its component. Among the principles there are constituents of the rule of law, as defined by the Venice Commission in the Rule of Law Checklist, the principles of subsidiary, proportionality, legal certainty, equality before the law, etc. These principles have their own peculiarities of implementation in civil legal relations. Therefore, the principle of subsidiary is a guarantor of personal freedom and a requirement for state institutions to recognize the priority of human rights and interests. The principle of proportionality is a requirement for authorities not to impose on citizens obligations that go beyond the limits of public necessity, and to take maximum account of private interests; setting goals and choosing the means to achieve them, to maximize the possible consequences of such actions. This principle is actualized in property relations, since the exercise of property rights is an important means of realizing personality. The principle of popular sovereignty in action creates the preconditions for self-realization of the population, the existence of mutually beneficial relations between legally equal, independently independent, autonomous subjects of private legal relations. The principle of legal certainty in civil legal relationships is implemented through the requirement of civil law to meet the criteria of accessibility, predictability, sustainability and consistency of legal requirements. The value of this principle lies in legal certainty, the protection afforded by all parties to a civil legal relationship, provided that the state respects that principle. The principle of equality before the law is implemented in civil law by ensuring the formal equality of virtually unequal subjects, impartial reconciliation of interests. Equality before the law, non-discrimination is a requirement of anti-discrimination legislation, guaranteeing the prescriptions of the right of non-discrimination.