In the introductory part of the essay, the author looks into the connection between the establishment & attributes of the so-called state of law & the legal system of continental Europe. This is followed by his summary of the origins of the idea of the state of law & its historical setting. In the middle part of the essay the author offers a list of values, value principles & the premises of the so-called state of law with the corresponding conclusions about a marked, multilevel/multiple restricted meaning & scope of the (mostly) dogmatic, formal/legal principles of the so-called state of law. The author concludes the essay with a rough appraisal of the condition of the so-called state of art in the Republic of Croatia. 51 References. Adapted from the source document.
The author suggests that the process of establishing a Croatian state based on law ought to differentiate varieties both on the diachronic & genetic level as well as on the synchronic & systematic level. He maintains that distinguishing different types of state based on law (absolute/sovereign, liberal, social) & their specific problems offers analytical possibilities for the theoretical definition of institutions & regulating mechanisms better able to solve the basic problems in the development of Croatian society & the Croatian state. 32 References. Adapted from the source document.
The author defines the state of law as a typical product of German political culture that corresponds to, but also differs from, both the experience of the English rule of law & that of the French l'Etat-Nation. The author pays particular attention to the issue of the legitimacy of the sate of law. He focuses on two different approaches to this issue in the works of Volker Gerhardt & Ernst Wolfgang Bockenford. Following a critical analysis of their fundamental assumptions the author goes on to divulge the thesis on the necessity of a balance between rights & power in the functioning of modern political systems. 5 References. Adapted from the source document.
The author looks into the position of the Constitutional Court in the light of the proposed Constitutional Law on amendments & modifications of the Constitutional Law on the Constitutional Court that would change some powers of the Constitutional Court. A short historical review shows that the Croatian people belong to the European civilizational setting, as evidenced by numerous documents & statutes that have regulated the rule of law in Croatia. According to the Croatian Constitution, the Constitutional Court is assigned a special place outside the system of the division of power into the legislative, the executive, & the judiciary; it is a special constitutional category that cannot be under the scrutiny of law since it scrutinizes laws. The author goes on to enumerate the changes in the jurisdiction & the operation of the Court envisaged in this new proposal of the Constitutional Law. The author concludes that constitutional courts are the very core of Western democracy & that they protect constitutions as a constantly developing living form. 59 References. Adapted from the source document.
There are prima facie reasons why political parties should be recognized as public law persons of the Croatian legal system: Political parties play a leading role in the creation & implementation of the state's will. Continental European legal systems distinguish between public & private law: the Croatian Constitution prescribes that political parties are associations with the features typical of public law persons. What requires analysis is the nature & consequences of the public law personality of political parties. Aristotle's theory of justice is still a useful starting point for distinguishing between public & private law, & between public & private law persons. The theory demonstrates that both the political community & the economic market presuppose standards of conduct that regulate interaction of their members. The standards include two essential types of legal acts, namely, statutes, which are fundamental acts of public law, & contracts, which are fundamental acts of private law. The dichotomy of legal acts implies virtually all the criteria that Roman & Continental lawyers have found important for distinguishing public & private law (source, bindingness, hierarchy, interest, subjects, etc). The division of a legal system into private & public law can be positivized in several ways. However, a liberal, democratic, & social legal system ought to meet the following principles, which guarantee the public law status of political parties: explicit recognition of the public law personality; justiciability; constitutionality; transparency; democracy; solidarity. The principles are followed by the Draft Bill on Political Parties, which was prepared by the Croatian Law Center in May 2002 & was adopted, with some changes, by the Committee on Constitution, Rules of Order, & Political System of the Croatian Parliament in July 2002. 90 References. Adapted from the source document.
The author outlines some basic conceptual aspects of the legal evolution of international relations after 11 September 2001. First, he briefly sums up the classical international law. Then he goes on to analyze the two dominant approaches to the future development of international law -- the idealistic & the realistic -- by juxtaposing Kant & Hegel. Regarding this debate one should not forget Carl Schmitt, the German legal & political theoretician, since he challenges the universalist presumptions of Kant's project. Schmitt calls into question the function of the rationalization of governance which should be taken over by the constitution, both within & outside the nation-state. The author concludes that the US & other big powers will soon have to return to the path they paved & energetically followed between 1918 & 1945, the path of gradual progress in the historical evolution of international law. 12 References. Adapted from the source document.
The author discusses the political effects of Hungarian electoral law on the formation of the Hungarian parliament. Although the makers of the new electoral law argued that the democratic legislative body should widely & justly represent all interests, points of view, & opinions of the electoral body, electoral law only partly stimulates proportionality. The disproportionate effects of the Hungarian electoral law (system) have been caused, according to the author, by several elements: namely, the prohibitive clause, the application of the electoral number procedure (the Hagenbach-Bischoff method & the Hare method), the two-thirds rule for the distribution of the remaining mandates, & the size of the electoral districts. In the 1990 parliamentary elections, the combined electoral system (that fuses electoral systems belonging to two different types -- the majority & the proportional system) achieved one of its basic political aims; it made great party fragmentation on the parliamentary level impossible, although a comparatively large number of political parties participated in the electoral process. One of the first effects of Hungarian electoral law on the formation of the Hungarian parliament was a reduction of multiparliamentarism. 8 Tables, 33 References. Adapted from the source document.
The author deals with the background & the types of human rights in the era of globalization & looks into the proposals of their global institutionalization. His assumption is that the increased legal normatization of global legal regimes on the basis of human rights is in the rational interest of the actors of global law. There are five main ideas: the democratization of all states, the global institutionalization of the direct global civil law, the global federal republic, the international legal solutions &, the global law. The global institutionalization of human rights has been beset by various problems & it requires different approaches which should be seen as mutually corrective. The globally oriented weak publics are a kind of a forum in which individual solutions' relevance must be argued. They affect the globally operating strong publics. The author concludes that the demand for global justice remains a normative measure towards which public education & the public will must be oriented for the sake of the legal formulation of human rights. 45 References. Adapted from the source document.
The author looks into the notion of the rule of law from the functional/logical, & not historical standpoint: he starts from the hypothesis that there is the functional logic of managing social behavior & social developments by means of legal norms. This logic, with some preconditions, creates certain institutions. The recognition of members of a society as free & equal is the fundamental assumption. It means that government agencies have the right of independent action but are at the same time also disempowered. This requires the quality of laws to be evaluated on the basis of rationality & normativity. The second part of the text lists the institutional conditions for the rule of law: division of power, legal restrictions of all government institutions & independent judiciary. A guarantee of basic right must be included in these functional elements. The author thinks that our future is to be marked by social pluralization, the need for security & the concurrent processes of globalization, & individualization. These processes are surely going to affect the institutions of the state of law. 43 References. Adapted from the source document.
There are two key tasks of public television in a liberal democracy: to support the democratic government & the rule of law, which is at the same time a guarantee of its independence & freedom, & provide for the public accurate & comprehensive information & an egalitarian & free public forum for debating major social issues. In this work, the author looks into how the composition of the HRT Program Council, in line with the tasks stipulated by law, directly influences programming of the HRT, the biggest & the most prestigious Croatian TV house. According to the Law on HRT of 2003, eleven members of the HRT Program Council, whose task is to promote & protect public interest by monitoring & improving the programs, is appointed & relieved by the Croatian parliament (Sabor). This has once again evoked the specter of the direct control of the state over the Croatian television. One of the Council's priorities is the creation of the framework of an independent, pluralist & balanced TV program, which requires the establishment of a complex, transparent structure of dynamic relations between the professionals -- journalists & editors, the organizations of the civil society, the relevant social groups & the interests of the entire public. 14 References. Adapted from the source document.
The author views the changes in the legislation within the framework of the sweeping political changes that occurred in 1990 & 1991. The focus of the analysis of the legislative changes (a comparison of the legislation prior to the political changes with the legislation up to 2002) is the press, the freedom of the press & the media in general, & the cultural changes in the transition that left their impact on media law, ie, the conceptual right to information, the respect for privacy, the distinction between the private & the public persons & politicians, the protection of reputation & honor, & the transparency of influences in the media. 13 References. Adapted from the source document.
Using Luhmann's terminology, the author promotes the thesis that internal changes of constitutions are a nondemocratic constitutional/legal process & thus a political problem; ie, a constitution is exposed to political life, but also to an unmarked place within a constitutional system. This place is marked by constitutional judges who change constitutions on a case-by-case basis, either innovatively, precedently, or, of course, nondemocratically. Since democratic politics & constitutional law are different forms of activity, the question is which is the criterion for appraising the new things. How, then, to reject something as unlawful & nonpolitical? The author claims that this judgment can only be done by people with a refined moral sense. This requires the inclusion of those who create & interpret constitutions as the law of the polity so they ought to be selected very carefully. Thus, citizens are doubly burdened: (1) They have to understand constitutional changes to perceive their interest in them. (2) They have to appreciate the architects of constitutions to trust them. 15 References. Adapted from the source document.
Using Luhmann's terminology, the author promotes the thesis that internal changes of constitutions are a nondemocratic constitutional/legal process & thus a political problem; ie, a constitution is exposed to political life, but also to an unmarked place within a constitutional system. This place is marked by constitutional judges who change constitutions on a case-by-case basis, either innovatively, precedently, or, of course, nondemocratically. Since democratic politics & constitutional law are different forms of activity, the question is which is the criterion for appraising the new things. How, then, to reject something as unlawful & nonpolitical? The author claims that this judgment can only be done by people with a refined moral sense. This requires the inclusion of those who create & interpret constitutions as the law of the polity so they ought to be selected very carefully. Thus, citizens are doubly burdened: (1) They have to understand constitutional changes to perceive their interest in them. (2) They have to appreciate the architects of constitutions to trust them. 15 References. Adapted from the source document.
The maxim that the people are the agent of the constituent power has, since the French revolution, been a universally accepted answer to the issue of the origin & the degree of validity of constitutional law, which, as the ultimate norm of a state's legal order, has no other higher positive law norm. But that maxim disregards political reality. Neither is it convincing from the point of view of the theory of state. The people are not the subject of activity but only of reference. The maxim on the constituent power of the people is a democratic myth. As such it is polyvalent: the reinforcement of revolution or its prohibition determine whether the existing constitutional regime is to be overthrown or legitimized. The doctrine of the constituent power of the people is not cognitively rewarding as a theory of legitimation, either, since the effectiveness of a constitution does not depend on its provenance but on the reception it gets here & now from its addressees: state agencies & citizens. Adapted from the source document.
The central question in addressing the subject of confidential information is to define the borderline between citizens' "right to know" & the general interest of keeping certain information confidential -- in a word, between justifiable & unjustifiable secrets. This area includes parts of administrative & public media law & the theory of public law. The paper is limited to the analysis of the issue of classified information in state possession (state, military, & official secrets) on three levels: theoretical, comparative, & that of legislation in Croatia. The essential elements of the theoretical concept of confidentiality are the possession of the information kept secret from others; deliberate concealment; & social context. A secret can have different forms: strategic, private, pressing, sequential, collective, petty, deep, simple, exploited, & conspiratorial, as in a plot. The theoretical analysis of confidentiality deals with the questions of contemporary forms of the manipulation of information (defining agendas & priorities, "quantitative overload," lobbying) & with the generic issue of the process of decision making, lies, & half-truths. In closing, the author offers certain elements for legislation regarding classified information. 13 References. Adapted from the source document.
