Shcherbanyuk O.V. —
Sovereignty of people as a guarantee of human rights and freedoms of the person and of the citizen
// Legal Studies. – 2013. – ¹ 10.
– P. 131 - 148.
DOI: 10.7256/2305-9699.2013.10.9610
URL: https://en.e-notabene.ru/lr/article_9610.html
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Abstract: The author of this article analyzes sovereignty of the people through the prism of human rights and freedoms of the person and of the citizen. Since the modern democracy is based upon the idea of sovreignty of the people, the author proves that the theory of sovereignty of the people may be positively regarded as a constitutional legal doctrine of supremacy of rights of the people, priority of human rights and freedoms of the person and of the citizen, supremacy of the people as the source for the public power, having various state and legal forms. Based upon the scientific analysis, it is established that only a sovereign democratic state may guarantee political right of the person and of the citizen, and based upon the study, the author establishes the ways to solve the problems in the sphere of constitutional legal guarantees of rights and freedoms of a person, formation of an efficient constitutional process. The author also uncovers the causes of contradictions and conflicts in the legislative system, forming obstacles for implementation of lawful rights and freedoms.