Kozak Y. Legitimization of State Power: Theoretical and Legal Research.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U104078

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

23-12-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

In the thesis, based on a comprehensive analytical study of qualified sources of foreign and national legal, philosophical, and political science, a theoretical and legal feasibility of the subject relevance is carried out. The optimal ways of fulfilling a number of tasks in order to achieve the research goal, the essence of which is to clarify the essential features of the legal framework for the legitimization of government institutions, which meet the requirements of transparency, clarity, openness, explicitness, publicity, accountability, access to relevant information, to participate in the management of public affairs, as well as compliance with the principles of the rule of law, inalienable rights and freedoms of man and citizens. As a result of such legitimization processes, the legitimacy and legality of all bodies and institutions of state power are ensured. According to the generally accepted scientific criteria of knowledge of state and legal phenomena, an attempt was made to model the theoretical and legal constructions of the concept of «legitimization of state power», the legal basis of legitimization processes and ways to optimize them. It is argued that the legitimization of state power is primarily a political and legal phenomenon that is pragmatically embodied in today's state and legal reality as a complex, multifaceted process of determining the legitimacy of power and legitimacy of state power, based on the rule of law, popular will, people’s sovereignty, effective system of checks and balances, the real possibility of legitimizing power in the territory and its approval by the people, and due to their interaction is characterized by sovereignty, democracy and perception of state power by society for the exercise of power in a particular territory and the state as a whole. It is confirmed that the legitimacy of state power is determined by the legal status of the people.

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