Systemic Conflict of the Rule of Law State and Democracy

Abstract

The article discusses the conceptual basis and practical display of the rule of law state and the legal consolidation of democracy, between which arise multi-layered systemic conflicts. The lack of a framework for their prevention and resolution causes not only chronic tension, but also a high probability of conflicts, moving these conflicts to a deeper and, accordingly, extreme level, which completely changes the legal nature and textures of not only international relations, but also the domestic system.

These conflicts are presented with the methodology of presenting the problem in different paradigms. Systemic conflict is chosen as a methodological basis to describe the deviations that are displayed in the functioning of a democratic state. With the same logic, the article also presents systemic conflicts in the international law system.

The article considers the system engineering of constitutionalism as a legal format and a fundamental principle as a framework for overcoming systemic conflicts, which not only clearly defines the quality standards of the state and the legal system, but also highlights deviations in its functioning. At the same time, the scientific article presents the genealogy and gradation of systemic conflicts between the rule of law and democracy, which provides an opportunity to reveal their nature at the causal level.