Democracy, ,state and law – values and problems

Abstract

In the philosophy of law, democracy is not paid much attention to, which is also the case with the issue of mutual relations of law and democracy as well as the values, legal restrictions and dangers of democracy. This article is an attempt to put together all the basic problems related to the relationships of law, state and democracy defined in this way. General characteristics of democracy in the 21th century is to become the reference point for the analysis of dispute over the Constitutional Tribunal. The article ends with comments on legal and axiological problems as well as challenges of the 21th century democracy. The postulate to hand over the issue of the Tribunal to the ruling people (citizens) is formulated and justified. The disputes over the Constitutional Tribunal in democracy should be seen as natural.