Suchergebnisse

In light of the dramatic events in Serbian political society, the author looks into the most fundamental question of the political theory of constitutionalism: the way in which a revolution can reach its apogee in a viable form of constitutional government. The liberal revolution in Serbia enabled the collective identity to be redefined on the basis of constitutional patriotism. The author thinks that constitutional patriotism may be a good basis for a reconstruction of the political regime beyond the nation-state. 17 References. Adapted from the source document.

Although it cannot be denied that nation-states & their sovereignties still exist as a significant form of identity of the civilian society within the world order, under the influence of new globalization processes -- political, ecological, cultural -- in the last decades of the 20th century, & the urgency of the need to solve new global problems (ecological, genetic, communication, market, multicultural), the issue of new identities has emerged. The world of "complex interdependences" has dramatic implications for sovereignty, autonomy, & responsibility of states & their ability to independently solve the key political problems they are faced with. The new issues brought about by the globalization processes can no longer be based solely on the principles of the white-Western-Christian-male-industrial civilization that has proved lethal in many social, cultural, & political aspects of life, particularly regarding the environment. That is why the initiatives for the recognition of new multicultural identities can be realized only within the global order in which Westerners no longer have a privileged position. Radicalizing these issues, environmentalists conclude that the global ecological policy can no longer be based on the old political boundaries of nation-states, that new political boundaries are needed, based on ecological principles. These boundaries should coincide with the boundaries of ecological systems if development is to be sustained. In order to achieve this, it is necessary to globally expand democracy in order to create new institutions that are going to institutionalize some new forms of political culture, based on the principles of the "green politics," which presupposes respect for all forms of life & avoids a hierarchy of life forms with humankind on the top. 25 References. Adapted from the source document.

The author looks into the problem of the sovereignty of the nation-state in the era of globalization. States have lost a number of their attributes & are no longer particularly efficient. Although states are still the primary actors in international relations, they have lost some of their sovereignty, functions & powers. International institutions now usurp the right to appraise & restrict what states do on their own territory. Despite this, in the near future the state is to remain the dominant political form in international relations. It still maintains an army, conducts diplomacy, negotiates agreements, wages wars, supervises international organizations & influences production & trade. The author points out that states are capable of adjusting to the imperatives of international political economy & claims that the state in the 2lst century will probably perform indispensable political social-economic functions since no other organization has emerged as its genuine rival able to replace it. 1 Table, 18 References. Adapted from the source document.

The author looks into the role & the position of judges in Croatia following the democratic changes of 1990 & Croatia's recognition as an independent state of 1991. Three events affected the status & the role of judges: (1) political independence (the formation of a nation-state), (2) state of emergency (war & semiwar), & (3) the changes in the political & the legal system. The author claims that the standard legal/positivist methods, justified in well-ordered & stable societies, are not entirely suitable for transitional societies. Besides the normative models he also provides a brief review of the practice, which deviates from the ideal. The author refers to the major events within the two periods: the wartime years (1991-1995) & the peacetime years (1996-1999). The author talks about the current social & institutional position of the courts & the judges, & points to certain potential sources of troubles for the future reformers. Adapted from the source document.

The author shows that the processes of globalization cannot diminish the role of the nation-state -- as the sole recognizable political community -- in the implementation & development of democracy, though they are undoubtedly going to alter its functioning & make it more complex. When exploring democracy & its expansion outside the borders of the nation-state, we should keep in mind that people do not act solely on a rational interest basis, but also on the basis of values; & that identities, not just interests, are the underlying determinants of their political activity. That is why the theory of cosmopolitan democracy must come to grips with the issue of the legitimation of the cosmopolitan political community as well as of the cosmopolitan democratic political system. This paper addresses these issues. The analysis has shown that these are complex & open questions without which a valid discussion about the transnational political organizations & processes of the cosmopolitan or regional integration & democratization is not possible. The question of the legitimation of the political community (unfortunately, rarely discussed) is in a way primordial in relation to the issue of the legitimation of the political system & political authorities. This issue has been neglected because it is thought that pluralism defines democracy; consequently, the imperative of a certain level of social & cultural homogeneity as a condition of its functioning has been overlooked. The concept of global citizenry requires the creation of a new political identity, while cosmopolitanism must prove that this identity can be brought about without a "democratic deficit" or a "bureaucratic-oligarchic surplus." This is not easy, if we keep in mind the fact that the law & legalism by themselves are not conducive to political commitment & loyalty to political decisions. 39 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 is critical of the introduction of the euro from the point of view of national & political economy. His criticism is based on four assumptions. The first is that the introduction of the euro gives rise to certain legal concerns. Some countries had not met the criteria for the introduction of the euro, yet it was introduced, which means that the European parliament & the national governments & their parliaments no longer respect the due process of law. The second is that the foreign debt, which amounts to 120% of GNP, is impossible to repay in those democracies that are not in the position to impose austerity measures that would include several legislatures. The third criticism is based on the fact that European countries are at different levels of development, which makes the monetary union much too vulnerable. The fourth criticism refers to the fact that common currency means common policy, &, consequently, the end of nation-states in Europe. Croatia may join the EU, but this would pose a challenge to its national sovereignty. 2 Tables. Adapted from the source document.

(Originally published as a chapter in the book Eine Art Schadensabwicklung [(A Way of Managing Losses) Frankfurt am Main: Suhrkamp, 1987].) The author deals with the issue of the pro-Western orientation of the Federal Republic of Germany. The issue can be reduced to the question whether the pro-Western orientation is opportunism or a genuine break with the German political consciousness? By way of introduction, he uses the debate among historians about Germany's national self-understanding. He focuses on the assumptions of the conservative party, that the pro-Western orientation should be based on a renewed national self-assertion & its continuity from the 1930s & the 1940s. The author, however, is of the opinion that historicism & nationalism should not be used as a type of national/historical identity formation. He corroborates this with the example of the failed antitotalitarian consensus from the 1950s, which relied on the discrete attitude to the German history. In order to define the conditions for the new consensus, he turns to Kierkegaard & his concept of personal identity, since it is more appropriate for the post-traditional world. This concept may be complemented by the constitutional patriotism based on the differentiation between the culture & the state politics & not by the nationalism of the nation-state. In line with Kierkegaard's "either-or" in the public process, the author thinks that the decision should be made as to which of the traditions is to be sustained & be prepared to cope with the political & cultural consequences. Adapted from the source document.

The author analyzes recent Habermas' writings on the process of European integration & the new international political order. Having for a long time ignored the issues of foreign policy, in his recent works & speeches Habermas has increasingly turned to these topics. The supranational level is becoming important both due to the more severe limitations to state sovereignty in the process of globalization, & because of the development of new mechanisms of international cooperation & the new regional economic-political integrations. In his theory of democracy at the national level, he emphasizes its deliberative character & shows public communication as the central sphere of mediation between the informal (private) opinions & the institutions of the formation of political will. However, today it is necessary to go beyond the boundaries of the nation-state & establish the parallel mechanisms of political deliberation & decision-making at the international level. The most important step in that direction are regional integrations (in Europe, naturally, it is the European Union). The regional integrations must supplement the UN institutions to compensate for the loss of the ability to govern at the national level & to create a counterbalance to global capitalism. In this context it is important to get the answers to a certain crisis of the EU identity. The European Union today is often seen as a mechanism of bureaucratic management & restrictive regulation, instead of as a guarantor of good life. Habermas thinks that Europe should focus on the guarantees of fundamental rights & values such as the right to education, social justice, autonomy & participation. For that purpose, the European Union should develop into a federal state. To the Euro-skeptical objection that Europe lacks a state-building nation i.e a unified nation as the foundation of political community, Habermas responds that the European civil sodety, European public & the common political culture -- if, indeed, they can be built -- are sufficient for Europe's political unity. The process of designing & adopting the European Constitution has strengthened all three components. The Constitution also helps to explain the objectives of the European integration (boundaries of EU's expansion, interrelationship among levels of goverment) & to enhance legitimacy by creating a fundamental legal act, its the design of which European citizens are involved. For Habermas, the crisis of European unity caused by the disunity of the member-countries' governments over the American war in Iraq is an opportunity. The mobilization of the European civil society against that war (as demonstrated by the pan-European peace demonstrations of 15 February 2003) & the creation of the model of the procedurally well-ordered international politics & cooperation which boosts economic development & social security serve as the counterbalance to the American unilateralism & the aspiration for domination. Habermas supports the model of "multispeed Europe" & thinks that it will not cause a rift in the EU, but can as a matter of fact dynamize the process of European integration. The author concludes that Habermas' political views of the European integration & international politics contain a remarkable dose of utopism. However, the attempt to see beyond the limitations of the existing political reality is a must if these limitations are to be overcome. 12 References. Adapted from the source document.

The author analyzes recent Habermas' writings on the process of European integration & the new international political order. Having for a long time ignored the issues of foreign policy, in his recent works & speeches Habermas has increasingly turned to these topics. The supranational level is becoming important both due to the more severe limitations to state sovereignty in the process of globalization, & because of the development of new mechanisms of international cooperation & the new regional economic-political integrations. In his theory of democracy at the national level, he emphasizes its deliberative character & shows public communication as the central sphere of mediation between the informal (private) opinions & the institutions of the formation of political will. However, today it is necessary to go beyond the boundaries of the nation-state & establish the parallel mechanisms of political deliberation & decision-making at the international level. The most important step in that direction are regional integrations (in Europe, naturally, it is the European Union). The regional integrations must supplement the UN institutions to compensate for the loss of the ability to govern at the national level & to create a counterbalance to global capitalism. In this context it is important to get the answers to a certain crisis of the EU identity. The European Union today is often seen as a mechanism of bureaucratic management & restrictive regulation, instead of as a guarantor of good life. Habermas thinks that Europe should focus on the guarantees of fundamental rights & values such as the right to education, social justice, autonomy & participation. For that purpose, the European Union should develop into a federal state. To the Euro-skeptical objection that Europe lacks a state-building nation i.e a unified nation as the foundation of political community, Habermas responds that the European civil sodety, European public & the common political culture -- if, indeed, they can be built -- are sufficient for Europe's political unity. The process of designing & adopting the European Constitution has strengthened all three components. The Constitution also helps to explain the objectives of the European integration (boundaries of EU's expansion, interrelationship among levels of goverment) & to enhance legitimacy by creating a fundamental legal act, its the design of which European citizens are involved. For Habermas, the crisis of European unity caused by the disunity of the member-countries' governments over the American war in Iraq is an opportunity. The mobilization of the European civil society against that war (as demonstrated by the pan-European peace demonstrations of 15 February 2003) & the creation of the model of the procedurally well-ordered international politics & cooperation which boosts economic development & social security serve as the counterbalance to the American unilateralism & the aspiration for domination. Habermas supports the model of "multispeed Europe" & thinks that it will not cause a rift in the EU, but can as a matter of fact dynamize the process of European integration. The author concludes that Habermas' political views of the European integration & international politics contain a remarkable dose of utopism. However, the attempt to see beyond the limitations of the existing political reality is a must if these limitations are to be overcome. 12 References. Adapted from the source document.

The author claims that certain insights relevant for the future of the state may be drawn from the evolution of the modern state & the society. He goes on to prove it by describing the emergence of the modern state & by analyzing the allegations about the demise of the state. The traditional elements of the state such as the territory, the centralized state power, & the nation used to be the dogma of the science of the state, paradigmatically evolved by Georg Jellinek. Today, however, there is the question of what remains of such a traditional state? The author thinks that the state territory has been losing ground both legally & practically. The examples are the EU countries & the blurring of their borders. The nation has been threatened by migrations, both forced & voluntary, while state power as an element of the state has been challenged by the growing power of economic associations & multinational companies. In his reference to Haberle, the author advocates the introduction of culture as the fourth element of the state. According to this concept, the citizens design a constitution that is centered on individuals & their dignity. This interpretation of human beings is characteristic for European culture, the foundation of the future development of Europe. The author claims that the state is going to remain an important factor in the prosperity of society & the medium of legitimation; most probably, it is going to make the transition into the cooperative constitutional state. Its cooperativeness is based on the interconnection of international, supranational, & regional relations, on accepting common responsibilities, & on readiness for solidarity & humanity. 9 References. Adapted from the source document.

The author analyzes the direction that the European Union has taken after the Nice conference. In order to create an appropriate & transparent competency system for the European Union, the priority on today's agenda are the models borrowed from the constitutions of different federal states. The first model is the so-called dual federalism that evolved in the US. This model aspires to strictly separate the European competency & the member countries' competency. The second option has been provided by the German Fundamental Law (Constitution). According to this model, the European Union would be accorded competences in line with the systematics of the exclusive, competitive & comprehensive legislation. The author is of the opinion that this would lead to a sort of formal transparency but would not completely prevent the overlapping of the competences of the Union, its member countries & other territorial units. A special focus is given to the transparency & efficacy of the reform process. Also, it is emphasized that a coherent coordination of the horizontal & vertical reform of the competency system is called for. Regarding democracy, the author thinks there is no need for a new model of democracy, but a systematic revision of the existing system of decision making in the European Union. Besides, a genuine democratization would not set its sights solely on reforming institutional regulation, but also on strengthening the mediation bodies. This would improve the relations between the public & the parliaments of the nation-states & the federal units concerning European issues. This would go hand in hand with an expansion of European party organizations & a more efficient "Europeanization" of central associations & institutions for interest-promotion. And finally, the author looks into the traditional boundaries between the private & the public. The public sector would take over from private economy some established procedures or would completely hand over certain tasks. This would require well-defined criteria. Also, an efficient control by parliaments & government bodies is necessary as a guarantee of innovation & cost-effectiveness & as a protection against abuse. This might help to turn Europe into a place of unity & cooperative behavior. Adapted from the source document.