People as the subject of constitutional relations: theoretical and law enforcement problems

DOI

10.2991/ismge-19.2019.22How to use a DOI?

Keywords

people, elections, referendum, sovereignty of the people

Abstract

The work outlines the need to identify the constitutional legal content of the concept "people", presents the existing approaches to its definition. A nation, as an ethnic community, is proposed to be defined through the category of "person"; as a political community through the category of "citizens", "voters", "electorate"; as a subject of constitutional legal relations through the category" the electorate voted". The analysis of the possible influence on the decision taken of the voters' position "against all" is made, as well as those who did not take part in the voting at all (in the case of the presence of an established regulatory requirement for turnout or lack thereof). It is noted that the will of the people established by the legal-mathematical method may not be legitimate in certain situations, contrary to the true will of the majority of citizens, the majority of voters. There is a thesis of the need to comply with the will of the people, represented by a set of individual positions, the electorate voted - the will of the majority of the population. A part of the population gathered in a group, and sometimes in a “crowd”, a “wise crowd” cannot be replaced by all the people. The paper analyzes the right of the people to resist the usurpers of people's power and duties. It is proposed to delimit the forms of direct democracy into types, depending on whether they are realized: directly by the “people”, as a body of citizens or individual “citizens” or a group of individuals. The author emphasizes that people are certainly the bearer of rights, sometimes specific duties. The paper suggests ways to improve the effectiveness of the institution of democracy.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yuri Bokov
PY  - 2019/07
DA  - 2019/07
TI  - People as the subject of constitutional relations: theoretical and law enforcement problems
BT  - Proceedings of the 1st International Scientific Practical Conference "The Individual and Society in the Modern Geopolitical Environment" (ISMGE 2019)
PB  - Atlantis Press
SP  - 105
EP  - 111
SN  - 2352-5398
UR  - https://doi.org/10.2991/ismge-19.2019.22
DO  - 10.2991/ismge-19.2019.22
ID  - Bokov2019/07
ER  -