The people and the problem of legality: theoretical and legal aspect

The article considers the question of the reality of reflecting the will of the people and their interests in the state legislation, as well as in the process of implementing legal norms. In the light of John Austin’s theory of the legal power of the sovereign’s (people’s) command, the role and place of an individual citizen in the process of lawmaking in a modern constitutional state is analyzed. It is concluded that modeling the sovereignty of the people based on the Austin concept leads to the denial of the distinction between the rule of law and the rule of people.