Jürgen Habermas’s political philosophy incorporates the view that legitimacy is immanent to law, even though it makes morality a central component of democratic legitimacy. Taking this as a startin...

This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and interests. (...) Finally; the paper examines the ways in which such concerns may be addressed at the adoption; formulation; and amendment stages. In particular; it discusses if the use of sunset clauses and regular constitutional conventions may; and under what conditions; successfully address such concerns. (shrink)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)

Problem setting. Social justice is determined by the attitude of the state towards those who contribute to its strengthening and recovery. High power is here the main arbiter. Therefore, the government should create a system for the search for talented people who can bring benefits to the state and provide them with a decent livelihood through the implementation of the principle of social justice. The greatest hopes here are based on democracy, which, according to Merkel’s definition, may not only be (...) effective, but also defective. Therefore, the assessment of its ability to ensure the principle of social justice reveals a wide research space for scientists of different directions, especially political scientists and sociologists. Recent research and publications analysis. Comprehensive systematic study of the problem of social justice is contained in works by L. Boltansky, L. Teveno, K. Sabbay, M. Sandel, M. Woltser, V. Argunova, I. Gavrilova, I. Devyatko, O. Sapelkina, T. Shipunova. It is these studies, along with works R. A. Dahl, L. Diamond, R. Dworkin were used by Merkel in developing the concept of defective democracies. The рaper objective was analysis of the causes and consequences of the deformation of the principle of social justice in conditions of defective democracy. Paper main body. In political science, social justice is defined as perfect integrity and is associated with a balance between equality and freedom. At the same time, the requirements for social justice are growing and exacerbated by the spread of social and legal inequality, exploitation, the dominance of administrative and bureaucratic methods of governance, limiting politicalfreedoms, orienting social policies to service and enriching the ruling classes of society. The vast majority of researchers in this phenomenon determine that social justice is an inherentfeature ofdemocracy, although the existence ofdemocratic institutions does not always guarantee the implementation of the principle ofsocial justice. The conducted research showed: 1) democracy, as a political regime, implies the possibility ofdeformation ofany parameter characterizing the ways and mechanisms of the realization of power in society; 2) «defect» of democracy is determined by the presence of shortcomings or limitations of institutional mechanisms created by the constitutional and legal democratic system for the realization of democratic practices of domination. It is noted that the main signs of defective democracy are corruption, ineffective courts, weak civil self-organization, incapable groups of interests and party systems, underdeveloped administrative infrastructure and controversial monopoly of the state for the exercise of political power. The analysis carried out in the article allowed to reach the following conclusions of the research. The mechanisms of action of the principle of social justice in Ukraine are destroying such defects of its democracy: imperfection of the functional separation of the actions of branches of power and their real independence; defects of party construction in a multi-party system; corrupt power; «damage» of the constitutional and legal principles and partial neutralization of the mechanisms of containment ofpower; the establishment and institutionalization of nonformal practices and rules of the political game, the displacement of formal political institutions by informal; the state’s inability to overcome the economic and political problems of the pre-democratic phase of development; domination of paternalistic practices in socio-political and socio-economic relations. (shrink)

Problem setting. Latin America and the Caribbean traditionally referred to as a large and ambiguous region in an out-side territorial scientific environment. A whole stratum of problems of identities, peculiarities of self-awareness, civilization affiliations of messianic ’appointments ’ in the history of the region and the world, the development of ways of cultural and historical development corresponding to them, the affirmation of the tendencies of state formation is in a scientific researcher focus. Among the many aspects that conceptualize the demandfor (...) research in the region and its implementation, we would like to highlight the following: 1) Latin America and the Caribbean are, to some extent, «a territory of historically significant validation of modern trends» in their speculative lengthening, the field ofdeveloping new ones political and economic novations, including regarding various projections of the correlation of socio-political practices, institutional design and legal technologies, derived from the understanding of nature and the purpose of law. 2) The region ’provides ’ a wide range of heterogeneous materials for analytical work, both concatenate-linear in nature, and combining poly-meaningful multidimensionality, multifaceted coexistence of values generated by contemporary media, the glare of meanings, signs, intentions of conscious transformations, random «breakthroughs» of network travel followers. In the discovery literature thatfollows only the analysis of statistical indicators, it is often noted that Latin America and the Caribbean is a region of polarization. 3) Considering the full amount of opportunities and perspectives available, Latin America in general, in some associative formulation, is clearly «boxing at levels below its weight and its impact on international canvases», that is, there are some reasons for internal and external character that significantly reduce the region’s role in the world, affecting accents of processes of political, legal and economic worsen the work «for the common good», underestimate «the bar of tasks and results» do not meet the expectations of the significance of the region. Recent research and publications analysis. The paper uses an interdisciplinary approach involving the research of representatives of various sciences. Concerning the approach to certain aspects of the constitutional process in the countries of Latin America and the Carribien was used the researches of Ukrainian authors Yu. M. Todyka, V. P. Kolisnyk, Yu. G. Barabash, M. P. Orzikh, T. M. Slinko, A. G. Kushnirenko, pertaining to in relation to consideration ofpeculiarities ofdevelopment andfunctioning of the model of the presidential state was launched analytical andfunctionality materials I. V. Protsiuk. On the conceptualization within the political science tradition in connection with the problems of the political regimes, their development in the conditions of conflict of the present, in the face of threats and challenges of a multifaceted nature are included the materials of methodological and theoretical importance M. P. Trebin, I. O. Polishchuk, D. Denisenko, G. M. Kutz, O. A. Fisun, M. A. Polovyi and, in the context of regional- geopolitical dimensions, V. Yu. Karasev. Among the foreign authors on the subject area of the study, we note the conceptual vision of the combination ofeconomic cycles and political and legal processes of the present Daniela Campello, the development of the author of the theory of «path dependence effect» by J. Mahoney and researchers of modifications of the development of neo-patrimonialism in Latin America and Karsten Bachle. Focused on the trends and innovations of the constitutional process in the countries of the region are the scientific orientations of Rogelio Nu'nez and P. I. Kostogryzov. A broad analytical and research base on the transformation of political regimes in Latina America and the Caribbean and the peculiarities ofpolitical processes in individual countries are provided by the works of B. Geddes, G. O’Donnell, L. Diamond, D. Ziblatta, S. Levitsky, Z. V. Ivanovsky, T. A. Vorotnikova, P. P. Yakovlev, D. V. Morozov, and others. Paper objective. The purpose of this work is to find out the broad contexts of the relationship between economic and political and legal processes in Latin America and the Carribien countries with attention to the peculiarities of the rule of law formation. The tasks are to analyze a set of approaches to finding the causes of the difficulties of socio-political and institutional-legal development in the region with the involvement of interdisciplinary scientific experience and to identify some essential features of meaning- forming and socio-constructing phenomena in the contextual contours. Paper main body. One of the options for designating the specificity of the current state of affairs is framed in the concept of the so-called «curse of volatility» - the dependence of local, mainly commodity and export-oriented with low internal economy savings from cycles, fluctuations of the world economy. This dependence is a definite structural factor and has been forming for a long time. Also, macroeconomic indicators within the framework of a certain political economy methodology in the projection for the sum ofpolitical and legal events allow us to see the spread of ideology, whether left or right, the rise of populism, the tendency for further democratization of the way of life or vice versa from democracy, the relative calm of the political process or the turbulence ofpolitical events are, after all, tied to basic economic indicators, and often more or less relevant to us and corresponding to figures about the level of safety of life. The trajectory of development was laid down by some decisions at a time of critical juncture when privatization created the basis of the local economy as a structural part of the world capitalist system with its dynamics of development that facilitated the formatting and reproduction of the reactive sequences caused by different types of liberal reforms. Conclusions of the research. The particular attention in Latin America and the Caribbean countries on the expectations and responsibilities of building the future is focused on the development of Constitutional law as a leading sphere in the system of national law. Hence the numerous constitutional changes in the countries of the region, the constitutional reforms of different grades, which are intensively continued today. The lifestyle liberalization, resolving key property issues, attempts at democratization in Latin America and the Carribien countries took place in different ways, but after the foundations ofpublic law that were borrowed in outline in the USA. Between enshrined key provisions in the Constitutions and the coexistence of essentially diverse mass consciousnesses and aspirations on different ’floors’ of the society, has raised multi-dimensional discord, that is emerging from the institutionalization of the liberal-democratic model of the state, generated in the context of understanding freedom as a key concept. Therefore the aspect ofan all-public agreement on coexistence rules does not appear to be fully realized, which gives rise to a search for a constitutional character. The focus remains on the relationship between multiple interests and ideas about the common good, by means of the formation of the general will in the structure and practice of constitutional-democratic regimes. It is inextricably linked to the transformation of the concepts of representation and citizenship. Democratic legitimation is correlated with ideas about the rule of the masses, the will of the majority in the living creation of the norms of life, and with the accompanying active and continuous participation in the political process of large groups, sectors of the population. The constitutional creativity of the countries of the region shows the element of an assertion of messianism, the designation of the special role of the country, its leader, ideology, the Constitution in the processes of historical implementation at the level of regional or the world. This moment of national pride for the country and its contribution to the cultural and civilizational space of history is realized in experimental projects of various expressions. (shrink)