THE PROBLEM OF CORRELATION OF THE CONCEPTS «SOVEREIGNTY» AND «NATIONAL IDENTITY»: THEORETICAL AND PRACTICAL DIMENSION

2020 ◽  
Keyword(s):  
National Identity ◽  
Civil Society ◽  
Rule Of Law ◽  
Natural Community ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Democratic State ◽  
Cultural Component ◽  
The Stability ◽  
The Individual

The position of close connection between the concepts of «national identity» and the concept of «sovereignty» is defended. Emphasis is placed on the fact that in Ukraine the issue of national identity is often related to its ethnic and cultural component. After all, the basis for the formation of national identity after the collapse of the USSR was ethnic identity, mainly due to the fact that in the days of the Soviet state there was no fully developed civil society. But since for a modern nation that integrates into the European community, the civic component of national identity is no less important than ethnic, the next step in its crystallization should be the «cultivation» of a mature civil society. It is articulated that the latter consists of sovereign, educated individuals on whom social (people's) sovereignty depends, which in democratic countries is essentially and procedurally provided by the rule of law and, ultimately, creates the subjectivity and sovereignty of the latter. It is noted that one of the important functions of a sovereign state is the ability to recreate its own national identity. And for a democratic state, it is important to provide everyone with the opportunity to make a conscious and free choice of his identity. After all, when there is a possibility of conscious choice, then a mature civil society is formed, ready to defend its own national identity, as the latter will be formed in its own coordinate system of citizens, rather than under duress, which is more typical of authoritarian and totalitarian states. Which, ultimately, will ensure the stability, subjectivity and sovereignty of the state at both the domestic and foreign policy levels. Emphasis is placed on the fact that the nation is a natural community, and the natural community does not have the ability to articulate the problem of the sovereignty of the individual, which is based on the concept of natural rights. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. Therefore, the modern national identity in Ukraine can be formed in the context of European traditions, if the full implementation of both ethnic and civic components.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

Reflections on Fear: Montesquieu in Retrieval

2000 ◽  
Vol 94 (2) ◽  
pp. 347-360 ◽  
Author(s):  
Corey Robin
Keyword(s):  
Civil Society ◽  
Moral Education ◽  
Rule Of Law ◽  
Sense Of Self ◽  
Alternative Account ◽  
Alternative Analysis ◽  
The Rule Of Law ◽  
Loss Of Self ◽  
Traditional Institutions ◽  
The Individual

According to most scholars, Montesquieu argues that fear threatens a loss of self. Disconnected from the exercise of reason, fear is an emotion that is supposed to prevent the individual from acting with any kind of moral or rational agency. Fear is also premised on the liquidation of civil society; intermediate institutions and plural social structures are destroyed so that despots can act with unmitigated power and violence. I argue that this view does not capture Montesquieu's theory. In my alternative account, fear is intimately connected to our capacity for reason and to our sense of self. It is built on a network of elites, the rule of law, moral education, and the traditional institutions of civil society. I conclude that twentieth-century social science remains too indebted to conventional interpretations of Montesquieu's views, and contemporary theorists would be better served by the alternative analysis proposed here.

scholarly journals Uzbek Laws Provide Responsibility For Violation Of Democratic Election Principles

2021 ◽  
Vol 3 (05) ◽  
pp. 72-78
Author(s):  
B.D. Akhrarov ◽  
◽  
Sh.X. Alirizaev ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The People ◽  
Democratic State ◽  
Election Process ◽  
The Will ◽  
Democratic Election ◽  
Democratic Elections

Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established. Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established.

scholarly journals THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY

2021 ◽  
Vol 01 (01) ◽  
pp. 4-8
Author(s):  
Jaloliddin Ne'matjonovich Polvanov ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Control ◽  
The Public ◽  
Direct Participation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Democratic State

This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.

scholarly journals Civil society in Russian Federation: features of development and differences from European countries

2021 ◽  
pp. 259-264
Author(s):  
Maria A. Ivanova
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Russian Federation ◽  
European Countries ◽  
The Rule Of Law ◽  
Modern Period ◽  
Democratic State ◽  
The Russian Federation

The essay is devoted to the consideration of such a phenomenon as civil society and the specifics of its development in Russia, in comparison with the European countries. Special attention is paid to various problems (both historically rooted and actualised in the modern period of the country's development), which hinder the formation of the democratic state. The author analyses the factors that positively and negatively affect the democratisation of Russia, and also suggests ways of solving problems in the development of civil society and further institutionalisation of the rule of law in the Russian Federation.

scholarly journals PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY

2017 ◽  
Vol 3 (3) ◽  
pp. 18-22
Author(s):  
Арман Ахметов ◽  
Arman Ahmetov
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Scientific Work ◽  
Legal Culture ◽  
The Rule Of Law ◽  
Democratic State

This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author believes that legal culture is a phenomenon quite complex and diverse in its internal structure and variety of social relations. The legal culture is not only knowledge of the laws, norms of law and methods of their use, however, and involves them as mandatory elements of the legal system. Legal culture includes awareness and the level of law-enforcement activities in the interests of ensuring and strengthening the rule of law. There are a few conclusions at the end of the article. The author believes that the legal culture is a certain steady state of social consciousness and social practice whish are based on repeated certain activities, the systematic functioning of the various structural elements of the legal system — the law, morality and traditions.

Legisprudence Limitations on Constitutional Amendments? Reflections on The Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act

ICL Journal ◽  
2014 ◽  
Vol 8 (1) ◽  
Author(s):  
Yaniv Roznai
Keyword(s):  
Rule Of Law ◽  
Theoretical Perspective ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Essential Requirement ◽  
The Czech Republic ◽  
The Rule Of Law ◽  
Democratic State ◽  
The Individual ◽  
Normative Status

AbstractCan a constitutional norm be unconstitutional? This idea seems, at first sight as a self-contradiction. Unconstitutionality is commonly referred to those ordinary laws, inferior to the constitution, which violate it. Constitutional norms, in contrast, carry an equal normative status as the constitution itself and other constitutional provisions. The question of unconstitutional constitutional norms recently arose in the Czech Republic. On 10 September 2009, the Czech Constitutional Court declared Constitutional Act no 195/2009 Coll, on Shortening the Fifth Term of Office of the Chamber of Deputies to be unconstitutional. The Czech Constitutional Court held that the constitutional act was an individual, specific decision and retroactive, thus violating the unamendability provision (Art 9(2)) in the Constitution, which prohibits amendments to the essential requirement for a democratic state governed by the rule of law. This article analyses the Czech Constitutional Court’s decision in a broader comparative and theoretical perspective and focuses, mainly, on four issues: first, the Czech Constitutional Court’s authority to substantively review constitutional norms; second, the appropriate standard of review when exercising judicial review of constitutional norms; third, the ‘individual, specific’ character of the constitutional act; and fourth, its alleged retroactive application. The article claims that while the Czech Constitutional Court was generally correct in claiming an authority to substantively review even constitutional norms, this was not the appropriate case in which to annul a constitutional act.

Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Central Place ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Political Relationships ◽  
The Social ◽  
Making Choices ◽  
Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

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