The Constitutional State and Parliamentary System: the Ratio of the Terms in the Light of the Constitutional and Legal Theory

The article describes the concept, different approaches to the definition, symptoms of legal constructions of legal statehood and parliamentarism, their relationship from the standpoint of constitutional and legal science. Accordingly, the parliamentary system is proposed to be taken as a theoretical concept, a legal institution, the structure of the state principle, and a special system of state power organization, reflecting the significant role of Parliament in a particular country in practice. It is concluded that for the formation of parliamentarism besides Parliament’s functioning, the following components are required: rule of law; separation of powers with clear and real powers of Parliament; Parliament’s participation in the formation of other branches of government; accountability of the executive power to Parliament; the special status of the deputy with a free mandate and responsible before the law; multi-party system; independence of the judiciary power. The author’s opinion is expressed about the practical relevance of discussed concepts: the theory of parliamentarism can help in solving of practice issues to prevent the usurpation of power by the executive bodies. The advantage of the concept of the rule of law is seen by the author in the reflection of the importance of formal legal and meaningful role of the law.DOI 10.14258/izvasu(2017)3-10