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  1. 1 The Lawyer Quarterly

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  1. 1 2020

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  1. 1 Zabokrytskyy I.

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Modern democracy as an element of constitutionalism and its shift from the procedural to material aspects

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Zabokrytskyy I.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 2
188-202
EN
Modern Democracy (alongside with the Rule of Law and human rights) is usually considered as the part of constitutionalism. However, traditional understanding of democracy is usually focused on procedural aspects (as the form of election of people’s representatives and special procedures for decision-making that ensure majority rule with the implementation of minorities’ interests). The proposed paper aims to analyze modern democracy and its shift from the procedural to the material aspects. The modern interrelation between the rule of law and democracy is analyzed (on the example of rule of law and democracy indices) and despite some exceptions (the case of Singapore), direct interrelation is found. This paper also analyzes modern democracy problems, including referendums imperfection as a form of democracy and its Ukrainian experience. The role of bodies of constitutional review (that being less formally democratic than representatives elected by people still play an essential role in restraining democracy) is analyzed. Therefore, the conclusion that modern democracy remains an element of constitutionalism but shifts to material aspects (conformity with the rule of law and human rights) is made.
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