THE RELATION OF PARLIAMENTARISM WITH THE PRINCIPLE OF DEMOCRATIC STATEHOOD: QUESTIONS OF THE CONSTITUTIONAL-LEGAL THEORY

Subject of article is normative legal acts, regulating the status of parliaments in various countries, the practice of their implementation, and to a greater extent – the scientific understanding of the institutions of democracy and parliamentarism. For writing the work used legalistic method, comparative law method, hermeneutics, synergy, analysis, synthesis and dialectic method. The purpose of the study is correlation of legal construction of parliamentarism with the principle of a democratic statehood in the light of the constitutional and legal doctrine. The article characterizes the main approaches to the definition of democracy and parliamentarism and considered some debatable issues of the relations mentioned categories. The author proceeds from the fact that the parliamentarism is similar to concept of democratic statehood and have adjacent to her features. This is due to the fact that really working parliament in favour arena for discussions, to find a compromise and expression of the will of the people on certain issues of state-building. The article deals with the problem of determining the will of the people, the ratio of representative and direct democracy, understanding of representative democracy, the optimality of the houses of parliament and the type of electoral system to be used. It is concluded that the parliamentarism involves a combination of forms of representative and direct democracy to representative institution has not lost its connection with the people and functioned in the «open» political system. It is argued that a bicameral or unicameral parliament, as well as the electoral system used, are not the key factors of democracy or the state parliamentary terms.