Nekoliko opaski o pojmu pravne drzave

In: Politička misao, Band 34, Heft 4, S. 3-13

Abstract

The author defines the state of law as a typical product of German political culture which corresponds to, but also differs from, both the experience of the English rule of law and that of the French l'Etat-Nation. The author pays particular attention to the issue of the legitimacy of the state of law. He focuses on two different approaches to this issue in the works of Volker Gerhardt and Ernst Wolfgang Böckenförd. Following a critical analysis of their fundamental assumptions the author goes on to divulge the thesis on the necessity of a balance between rights and power in the functioning of modern political systems. (SOI : PM: S. 13)