Savchyn M.V. Constitutional Values, Legitimacy of Public Power and Constituent Legitimacy

Abstract: The problem of constituent legitimacy in the context of comparative analysis of models of legitimating of public power in the light of constitutional values is examined in the article. The problem of the democratic legitimacy of the constitutional order is analyzed in the article and proposals for the improvement of the constitutional system of Ukraine are developed on the basis of interdisciplinary approach and combined achievements of political science, sociology, law and doctrine of natural and positive law. Relations between democratic legitimacy and constitutional values through deliberative legitimacy (complicity) and the democratic legitimacy of human rights are analyzed in the article. A comparative analysis of models of neutral way of unitary, egalitarian and axiological achieving the consensus in society is made. The nature of the constituent legitimacy in the light of constitutional values and the legal status of the Constitutional Assembly established to prepare a bill on renovation of the Constitution of Ukraine are revealed. The author formulates key issues that should be the subject of public debate and consideration by the Constitutional Assembly. The mechanism of the revision of the Constitution in accordance with the Europeans constitutional values and democratic legitimacy is defined.

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