Global civil society, democracy and the principles of justice.
Journal Title: Наукові праці Національного університету «Одеська юридична академія» - Year 2018, Vol 22, Issue
Abstract
The article is devoted to the clarification of the principles of legal proceedings, through which the ECHR defends the ideas of democracy. It is substantiated that global civil society promotes the spread of democratic values. It is noted that the well-known definitions of global civil society are based on a system of values. The values of a global civil society include the democratic principles of justice, because they provide protection for democracy. The relationship between the three branches of government in a democratic state is established. The definition of democracy as a form of organization of the state-political system, in which the power belongs indivisibly to the people, provides each person with justice and equality of conditions both in the management of the state and in solving the general problems of mankind. The structural and logical analysis of domestic principles of legal proceedings with those underlying the work of the European Court of Human Rights is carried out. It is shown that the structure of the principles of ECHR ensures its full independence. Several definitions of democratic principles of legal proceedings are proposed. Particular, democratic principles of legal proceedings are the main principles of the ECHR’s activities in the protection of the Convention’s human rights and freedoms, based on real democracy. The democratic principles of legal proceedings are the basic principles of the ECHR’s activities, which it guides in the protection of the Convention’s human rights and freedoms and which allows them to be restricted only within the limits of democracy. Democratic principles of legal proceedings are a set of legal ideas for the protection of the Convention’s human rights and freedoms, the procedure for implementation of which is regulated within the framework of democracy in a court of law
Authors and Affiliations
К. С. Музичук
Keywords
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