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Haberle claims constitutional law is a comparative experiential science closely linked with political science with which it shares the research subject. The constitutional state has been going through a permanent process of changes; the central question is who is the prime mover of constitutional changes: constitutional/legal institutions, constitutional/legal science, & political science or public opinion & political culture of citizens? By analyzing the recent history of the changes of the German constitutions he suggests that all these factors contribute to constitutional changes. Nevertheless, as an expert for law & political science, who considers himself as belonging to the wider European scientific community, Haberle thinks that the decisive influences in constitutional changes stem from legal & political sciences & concludes: Sine qua (scientia) mortalium vita non regitur liberaliter (Without science, mortals do not command their life freely). Adapted from the source document.

Na osnovu analize izvornih arhivskih dokumenata i propisa objavljenih u službenim listovima, opisuje se djelokrug, ustroj i sastav Prezidijuma Sabora NRH. Njegovi temelji postavljeni su u radu Zemaljskog antifašističkog vijeća narodnog oslobođenja Hrvatske (ZAVNOH), odnosno njegova Predsjedništva, koje je kao uže tijelo plenuma osnovano 9. svibnja 1944. godine. Na Četvrtom zasjedanju održanom 24. i 25. srpnja 1945. u Zagrebu, ZAVNOH je promijenio naziv u Narodni sabor Hrvatske, a njegovo Predsjedništvo od tada djeluje kao Predsjedništvo Narodnog sabora Hrvatske. U razdoblju 1945.–1953. njegovo djelovanje može se podijeliti u četiri mandatna razdoblja: Predsjedništvo Narodnog sabora Hrvatske/Prezidijum Sabora NRH (25. srpnja 1945.–30. studenoga 1946.), Prezidijum Ustavotvornog sabora NRH (30. studenoga 1946.–20. siječnja 1947.), Prezidijum Sabora NRH prvoga saziva (20. siječnja 1947.–4. prosinca 1950.) i Prezidijum Sabora NRH drugoga saziva (4. prosinca 1950.–6. veljače 1953.). U prvom dijelu rada opisuje se osnivanje i prestanak rada Prezidijuma Sabora, u drugom njegov djelokrug, a u trećem ustroj i sastav po mandatnim razdobljima. Njegov ustroj i djelokrug uspoređeni su s ustrojem i djelokrugom Prezidijuma Narodne skupštine FNRJ i prezidijuma drugih jugoslavenskih republika. Rezultati istraživanja prezentirani su kombinacijom tematskog i kronološkog pristupa, a dijelom su sistematizirani u obliku tabelarnih prikaza. ; This paper describes the scope, structure and the composition of the Presidium of Parliament of the People's Republic of Croatia (PRC) which was active as a political governmental body in Croatia from 1945 to 1953. According to the Yugoslav constitutional system of government, the same political body existed on the federal level as the Presidium of the People's Assembly of the Federal People's Republic of Yugoslavia (FPRY), as well as in every republic-member of the Yugoslav federation and the scope, organization and composition of the Presidium of Parliament are compared with the scope, organization and composition of those bodies. The foundations of the activities of the Presidium of Parliament, as well as other central governmental institutions in Croatia (namely, Parliament, Government, and Supreme Court) were laid in the work of the State Anti-Fascist Council for the National Liberation of Croatia (ZAVNOH) i.e. its Presidency, since until the end of the war they together performed the legislative, executive and judiciary government. During the 4th session that took place in Zagreb from 24 to 25 July 1945 ZAVNOH changed is title to the People's Parliament of Croatia and since then its Presidency worked as the Presidency of the People's Parliament of Croatia. In the period from 1945 to 1953 its activity can be divided into four mandate periods: the Presidency of the People's Parliament of Croatia/the Presidium of the Parliament of the PRC (25 July 1945–30 November 1946), the Presidium of the Constituent Parliament of the PRC (30 November 1946–20 January 1947), the Presidium of the 1st Session of the Parliament of the PRC (20 January 1947–4 December 1950) and the Presidium of the 2nd Session of the Parliament of the PRC (4 December 1950–6 February 1953). Its existence in the system of governmental power is the result of taking over the Soviet constitutional solutions about organizing the state and governmental institutions in the 1946 constitution of the FPRY and through it also in the constitutions of each federal unit. It was the main legislative body in the period until the constituting of the Constituent Parliament of the PRC, since the Parliament of the PRC only had a single short five-day session in late August 1946. This is confirmed by the information about 29 laws passed by the Presidium of Parliament in the period from 8 September 1945 to 20 November 1946. Besides legislative, it also performed other functions from the jurisdiction then belonging to the Parliament. The constitution of the PRC from 1946 bestowed upon it performing tasks that are usually given to the president of the state (representing in the country the people's and state sovereignty of the PRC, calling the general elections, granting pardons, awarding medals and recognitions), as well as other executive tasks partly closely linked to the legislative activities. The special function pertained to supervising the people's committees. The important difference in the scope in relation to the Presidium of the People's Assembly of the FPRY was that it did not have the authority in the area of foreign affairs. Even though the constitution of the PRC from January 1947 lists it together with the Parliament in the chapter on the highest bodies of the governmental power in Croatia, the sources and constitutional-legal texts of the time, in accordance with the principle of unity of power, define it as a body which "stems from the Parliament" and is subordinated to it. Also, despite being formally constitutionally defined as one of the highest bodies of governmental power in Croatia, in reality it was the Party's transmission, since the actual power and monopoly in decisionmaking was in the hands of the bodies of the Communist Party of Yugoslavia/the League of Communists of Yugoslavia i.e. the Communist Party of Croatia/the League of Communists of Croatia. It was a collegiate body comprised of members of the Parliament. The decision of its composition was formally passed by the Parliament, but based on the conclusions reached during sessions of the Politburo of the Central Committee of the League of Communists of Croatia. It was elected for the same term as the Parliament, but it continued to perform its duties after the dissolution of the Parliament, until the election of the new Presidium of Parliament. From 1945 to 1953 the total of 45 MPs were included in its activities. 13 of them were members during all four mandate terms, 11 during two and 14 during only one. The structure and the way of work were determined by the Rulebook dated from 7 August 1947. They were the exact copy of the structure and the way of work of the Presidium of the People's Assembly of the FPRY, with differences deriving from different jurisdictions (federal, republic) of these two bodies.

In the wake of the 'Kant revival,' which has spawned a plethora of works on his philosophy by its contemporary interpreters & advocates such as Herbert Schnadelbach, Hans Lenk, Konrad Cramer, Wilhelm Vossenkuhl, Volker Gerhardt, Karl-Otto Apel, Otfried Hoffe & others (whose studies were published this year under the title of Kant in der Diskussion der Moderne), the author tries to prove, by means of an analysis of Kant's treatise Uber den Gemeinspruch: Das mag in der Theorie richtig sein, taugt aber nicht fur die Praxis, that not only did Kant in his later works draft & expound the program of a practical philosophy of morality & right, politics, & history, but also that in the last three chapters of this work, this philosophy evolves into a modern liberal theory of morality, state law, & international or "international civil" law built around the central principle of Kant's practical philosophy: "Was aus Vernunftgrunden fur die Theorie gilt, das gilt auch fur die Praxis.". Adapted from the source document.

Haberle clarifies his conception of constitution as culture & discusses his interpretation of the relationship between state & society, both based on the fundamental principles spelled out in this document. Other, related issues addressed here are the following: (1) the concept of political culture; (2) constitution as the expression of a nation's mentality & cultural heritage; (3) the constitution-public relationship; (4) constitutional theory as a theory of open society; (5) culture as a sine qua non element of the creation & functioning of the state; (6) the fallacy of Carl Schmitt's friend-foe theory; (7) the tradition of constitutional theory in Germany; (8) the significance of the year 1989 in the history of Europe; (9) the preparation of a draft of the Constitution of the European Union; (10) optimistic & pessimistic views of humans, ie, John Locke vs Thomas Hobbes; & (11) the constitution & constitutional theory & law in Croatia. Z. Dubiel

The Slovenian model of political system envisages that the president of the Republic has only representative, initiative & protocolary functions. According to Elgie's definition, Slovenia might be categorized as a sort of a semipresidential regime; hence, the historical, constitutional & political circumstances in which the role of the president of the Republic in the Slovenian political system should be looked into. After a careful analysis of the political tradition & culture, & the development of the constitutional culture in particular, the author analyzes the constitutional-political practice & the results of the presidential elections, their political orientation & the difference between the constitutional powers & the presidential performances. The author concludes that Slovenia does not have a powerful but a symbolic president of the state, despite the fact that the presidents are elected directly; consequently, the political system of Slovenia should be classified as a "parliamentary system with a president." Since the history of the individual presidency in Slovenia is still very short, for the time being it is very hard to assess all its major aspects; only the future developments will reliably demonstrate the real competences & the constraints of the president of the Republic as a legal & political actor. References. Adapted from the source document.

(Originally published in the collection Wirklichkeit als Tabu [(Reality as a Taboo) Munich: Oldenburg, 1986].) The author argues that the word homeland disappeared from the political language & that it has been replaced by the unpolitical word: identity. This raises a question: what is identity to a German if the state cannot provide it? The consequence of Hitler's legacy is that the tradition is troublesome so that the identity is now linked with the constitution. The author looks into the idiosyncrasies of the German constitutional/legal system by which the old state thinking has been replaced with the "constitutional thinking." In this way patriotism becomes "constitutional patriotism," & the constitution becomes the homeland. The consensus about the constitution -- the result of the general acceptance of antitotalitarianism -- was challenged by students in 1968, when this antitotalitarianism was replaced by antifascism. At the same time, however, an entire political culture of disobedience against institutions evolved, & declared the constitution the "system's life's lie." The system took a long time to recover, but it rehabilitated the state authority within a constitutional state. Nevertheless, this has not restored the individuality of German statehood, ie, the state does not become the homeland. Although the author is aware that this idea is outmoded, he nevertheless points out that the consensual base would be broader if Germans were allowed to be what they are by their history & their position, & not only what they should be according to the constitution. Adapted from the source document.

Whilst completing the largest enlargement round in its history, European Union faced the need to define both its identity & nature & limits of its future borders. In the aftermath of the failed constitutional referenda & suspension of the ratification process, the pace of future enlargement will inevitably slow down. This has already been the case with the East European countries during the 1990s, whose membership perspective was overclouded by Union's internal issues. Expansion of the EU will undoubtedly continue, but its present absorption capacity has reached endpoint. The chance for the institutional reform, through which future enlargement would keep momentum, has been discarded together with the rejection of Constitutional Treaty. The main issue of todays EU's relations with immediate neighbourhood is the way to ensure democratic consolidation & Europeanisation of these states in absence of the full membership perspective. Upon that European Neighbourhood Policy was envisaged, through which EU offers "everything, but institutions.". References. Adapted from the source document.

The American & international publics look up to American presidents as the chief creators of American foreign policy. A review of the contemporary history of US foreign policy is mostly a review of foreign policy platforms & initiatives of American presidents. Although fundamental prerequisites exist -- constitutional powers, executive office of the President as support in the creation, & implementation of certain decisions, the expectations of the Congress & the public that President should lead the nation in the foreign policy arena -- not all American presidents have taken an equal interest in foreign policy decision making & the creation of American foreign policy; this has depended on their personal interests & experiences. Despite significant constitutional restrictions of president's autonomous action in foreign policy & occasionally successful attempts of the legislature to assume control over foreign policy, as well as frequent challenges to presidential powers & numerous actions by the public, we can conclude that American presidents are nevertheless dominant figures in the field of American foreign policy. Adapted from the source document.

The author describes the political situation in Columbia from its independence to the present. In the first & the second part of the article the author shows the roots of Columbia's political problems & conflicts in the period 1830-1986. In the third part of the article, the author analyses the political situation in Columbia from 1986-2008, & presents the main argument of the article. It is argued that a new category of deficient democracies should be created -- named narcodemocracies. Columbia's deficient democracy could then be placed in that new category since all non-institutional actors influencing Columbia's deficient democracy are financed by narco-money, & the main institutional (constitutional) actor, the state of Columbia, is a recipient of a substantial financial help for fighting the narco industry. Adapted from the source document.

If anyone can be considered the creator of American democracy & its most influential promoter, it is Thomas Jefferson. American democracy is deemed Jeffersonian -- rightly & doubly so: Jefferson wrote the Declaration of Independence (1776), the basic political & constitutional act, but he also inspired, created, & proselytized American democracy all over the world. Tocqueville considered him to be the sturdiest apostle of democracy ever. Jefferson is one of the few scholars & politicians whose belief in the value & the possibilities of democracy never wavered. His political credo

Political attitudes & activity of Thomas Jefferson, one of the founding fathers of American democracy, are described in this text. The author describes Jefferson's role in political activities of major importance for the creation of the US: compiling the Declaration of Independence, operating the Legislative Assembly of the state of Virginia, enacting of the separation of church & state, creating American foreign policy & the policy of Western colonization, introducing the first ten Constitutional amendments as a guarantee of human & civil rights, & elaborating on the principles of the organization of federal government. Jefferson fought against excessive legislation on powers of central political institutions. He established the tradition of Republicans versus Federalists led by Hamilton. That opposition gave birth to the modern American two-party system. Jefferson's presidency was also significant due to the elimination of centralist & oligarchic tendencies of previous Federalist governments. The author suggests that Jefferson's political theory & practice have left a permanent mark on the contemporary theory of democratic republicanism. 45 References. Adapted from the source document.

Autori u radu daju osvrt na postanak i razvitak stanarskog prava, te presjek domaćih pravnih propisa koji su se odnosili na stanarsko pravo, kao i propisa kojima je izvršena pretvorba stambenih odnosa. Pišu o značaju stupanja na snagu Zakona o najmu, kada je prestalo stanarsko pravo osobama koje su to pravo stekle prema ranijim propisima te su one po sili zakona postale najmoprimci (u pravilu, zaštićeni najmoprimci). Podsjećaju da pitanja vezana uz pretvorbu iz stanarskog prava u vlasništvo na stanovima te brojni sudski sporovi koji su proizašli iz te materije još uvijek nisu, niti stvarna niti sudska, prošlost. Autori navode stajališta i praksu Ustavnog suda Republike Hrvatske, te Europskog suda za ljudska prava (ESLJP). Posebno ističu presudu ESLJP-a Statileo protiv Hrvatske, u kojoj je Europski sud uvažio činjenicu da su hrvatske vlasti tijekom tranzicije bile suočene s teškim zadatkom stvaranja ravnoteže između prava najmodavaca i zaštićenih najmoprimaca koji su stanovali u stanovima dugo vremena, te je zaključio da u konkretnom slučaju nije postojala pravedna raspodjela socijalnog i financijskog tereta koji je nastao kao posljedica reforme u stambenom sektoru. Umjesto toga, prema ocjeni ESLJP-a, na podnositelja je stavljen nerazmjeran i pretjerani pojedinačni teret, budući da je morao snositi većinu socijalnih i financijskih troškova stambenog zbrinjavanja zaštićene najmoprimke i njezine obitelji, zbog čega je ESLJP utvrdio povredu članka 1. Protokola br. 1. ; The authors of this paper provide an overview of the creation and development of tenancy rights, and of the domestic legislation dealing with tenancy rights, as well as legislation that was used to reform tenancy relations. They mention the significance of the enactment of the Lease of Flats Act, when tenancy rights were withdrawn from persons who were entitled to that right pursuant to earlier legislation, and consequently, they became lessees (tenants) by force of law (generally, protected lessees). The authors recall that issues related to the transformation of tenancy rights into ownership of flats and to the numerous court cases that followed from this matter have not yet become either general, or court, history. The authors cite the positions and case law of the Constitutional Court of the Republic of Croatia, and of the European Court of Human Rights (ECtHR). They stress in particular the ECtHR judgment Statileo v. Croatia, where the ECtHR took into consideration the fact that the Croatian authorities during the transition were faced with the difficult task of striking a balance between the right of the lessor and that of protected lessees who had lived in the flats for a long time, and concluded that in the given case there was no fair distribution of the social and financial burden resulting from the reform of the housing sector. Rather, the ECtHR held that a disproportionate and excessive individual burden was placed on the applicant as landlord, as he was required to bear most of the social and financial costs of providing housing for the protected lessee and her family, due to which the ECtHR found a violation of Article 1 of Protocol no. 1.