IDEA OF LIMITED GOVERNMENT IN UKRAINUAN POLITICAL AND LEGAL REALITIES

Abstract

The idea of limited state government has deep historical roots and is closely related to the principle of the rule of law, which is the defining constitutional basis for the exercise of state power. The phenomenon of constitutionalism has a complex nature and is based on philosophical, social, legal and political foundations. However, in our opinion, the main function of constitutionalism has a legal nature and consists in the legal limitation of state power based on the principle of the rule of law. The modern doctrine of limited government is the basis of liberal democracy and provides for the establishment in constitutions, as the main law of the state, of institutions of political limitations of state power to guarantee individual freedom and prevent state arbitrariness. In particular, the elements of limited government include the distribution of power and the establishment of the principle of checks and balances; distribution of power about verticals; availability of judicial control; electoral democracy; constitutional consolidation of human and citizen rights and freedoms. Enshrining the specified elements in the written act - the Constitution, contributes to strengthening the guarantee of the implementation of the principles of the rule of law and stability. The article is devoted to consideration of the reflection of the principles of limited government in the constitutional system of Ukraine, determination of the limits of competence of higher state authorities, research into the practice of making arbitrary decisions by higher state authorities in Ukraine, highlighting the problems of judicial and constitutional control over arbitrary decisions of higher state authorities in Ukraine.

Key words: form of government, limited government, constitutionalism, limitation of state power.