Invisible Constitution as an instrument of consolidation of nation and defence of democracy

Yuri Barabash (), Darijus Beinoravičius () and Juozas Valčiukas ()
Additional contact information
Yuri Barabash: Yaroslav Mudryi National Law University
Darijus Beinoravičius: Mykolas Romeris University
Juozas Valčiukas: Mykolas Romeris University

Post-Print from HAL

Abstract: The paper's premise is that the invisible Constitution serves as an instrument to protect democracy and consolidate the nation. The discussion turns around the fundamental aspects of democracy and sovereignty to reveal the subject. The question which is particularly considered is how the Parliament and the Constitutional Court participate in the expression of the principles of democracy in the contemporary world. The paper concludes that the Parliament, through the formal legislative procedures, becomes less capable of achieving a social compromise. As a result, the same representative feature of democracy becomes more unpopular in society and continues to be a prevailing object of criticism among scholarly community. In contrast, the Constitutional Court's role in protecting democracy through the systematic interpretation of a constitution undergoes a profound change in the democratic world. Constitutional Court, through the understanding of both visible and invisible meaning of the Constitution turns it into an expression of the sovereign will of the permanent nation.

Keywords: invisible Constitution; Democracy; Parliament; Constitutional Court; Sovereign (search for similar items in EconPapers)
Date: 2022-09-30
New Economics Papers: this item is included in nep-law and nep-tra
Note: View the original document on HAL open archive server: https://hal.science/hal-04242890
References: View complete reference list from CitEc
Citations:

Published in Insights into Regional Development, 2022, 4 (3), pp.110-126. ⟨10.9770/IRD.2022.4.3(7)⟩

Downloads: (external link)
https://hal.science/hal-04242890/document (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-04242890

DOI: 10.9770/IRD.2022.4.3(7)

Access Statistics for this paper

More papers in Post-Print from HAL
Bibliographic data for series maintained by CCSD ().