Suchergebnisse

The author's starting point is Locke's classical thesis that the rulers & the ruled are subject to universal laws & that their abuses are prevented by the institutional means of power sharing. The rule according to which nobody can be a judge in their own affairs unconditionally applies in all court or administrative proceedings. The problem arises when this legal thinking is applied to parliaments. Namely, in parliamentary work the incompatibility of the mandates of the legislative & the executive branch is annulled since the executive power gains the upper hand in the composition & substance of the legislature. Besides, The basic law (Grundgesetz) provides MPs with indemnity in their voting behavior & guarantees to them immunity from punishment for certain acts that other citizens would not be able to get away with. This relative freedom & independence of MPs is corrected by the rule books on the behavior of MPs that envision the necessity of their ethical conduct. The violations of the rules are sanctioned not so much by moderatorial law as by political means. The author's opinion is that deciding on their own affairs cannot be universally granted to parliaments. Constitutions allow, even call for, certain decisions on one's own affairs to be made. However, due to insufficient outside control, self-control must be increased, which implies legal obedience on the part of MPs so that laws become meaningful for all participants. Besides the ethical & political pressures that force the MPs to behave in a law-abiding manner, laws also exert positive pressure on them to see to it that their decisions serve the public good. Adapted from the source document.

The continuity with the former federal & republic nationality in the successor states of former SFRY confirms that it has kept on being regulated by their internal laws. However, not in all cases regulations of citizenship have been implemented in accordance with the provisions that are defined by international law. The basic nationality principles have not been applied to the citizens of different ethnic origin. For their own political interests the states did not take measures to duly grant citizenship to the persons that at the time of succession were nationals of the predecessor state. The delay in passing & implementing the laws, non-respect of the right of option, the exclusiveness of domestic citizenship & the absence of solutions for the protection of family unity had a negative reflection on the achievement of rights of citizens. The problems have gradually been overcome by introducing novelties in laws, by adopting administrative legislation & jurisprudence of the successor states, but as far as equality before the law is concerned some issues have remained unsolved. References. Adapted from the source document.

Considers the application of formalized models in the study of public administration in the federally structured American administration. The theory of American federalism has taught us that the expenses of the implementation of political decisions are inversely proportionate to the administrative level of their application: the expenses are bigger if the implementation is done at lower administrative levels, ie, state or local, instead of by federal authorities. On the other hand, this theory claims that decision-making expenses are proportionate to the level of decision making: the lower the decision-making level, the smaller the expenses. The American experience in the arena of energy policy -- oil & gas -- confirms the model's rationale, & it is applicable to other fields: the optimal effect & the minimal expenses have been achieved in the situation in which political regulations are decided on at the state level, while their implementation lies in the domain of federal government. 1 Table, 3 Figures, 10 References. Adapted from the source document.

The author analyzes the position of journalists at the time of elections. It turns out that they are subject to pressures by politicians, who try to use the media for their promotion. Electoral reporting is extremely & precisely regulated; it would be hard to find some other field of journalism with such clearly elaborated recommendations & rules. Nevertheless, journalists are exposed to various methods of manipulation & pressures. Legal provisions are necessary, but it is also vital to understand the laws of the journalistic profession & the media. Also important is advertising or hidden advertising. The author concludes that reporting about elections could be professionalized primarily by decreasing the influence of political parties on the media, strengthening the institutions of civil society, & permanently educating journalists. 15 References. Adapted from the source document.

The successive stages of development of constitutional democracy in the USA, in particular the experience of "judicial supervision paradox," show us that the U.S. Supreme Court performed at least two different functions: (1) norm enforcement, & (2) policy-making through re-examination & interpretation of the Constitution & the laws in cases brought before the Court. Dissent among American legal experts related to this & other matters prove that debates on judicial activism are not a thing of the past. Still, both advocates & critics of judicial activism share the view that judges have been an important part of the American constitutional process since its inception. The Marbury v. Madison case (1803) affirmed the institution of judicial supervision & denoted a gradual shift of judicial power into the field of public law. Thus further expansion & transformation of judicial power was made possible. In this article, the author establishes a connection between judicial activism & judicial supervision, & adheres to the standpoint that the "judicializing aspect of modern liberalism" deserves as much attention as any other aspect of democratization. Adapted from the source document.

The author looks at the development & significance of the modern constitution. According to him, except for institutionalization of politics, the modern constitution affirms the goals of the political order. Constitutional concerns dwell mostly on the valorization of human rights, a commitment to democracy, & the legal & social state. The modern constitution remains the object of constitutional studies, & precedes the establishment of other forms of law. At its foundations, the modern constitution represents a political union, demarcating a political regime, & citizens remain free to pursue their own interests in social, economic, & political spheres. The two underlying conceptions of the constitution are distinct: on one hand, Thomas Paine established the philosophical underpinnings of the American-European constitutional order (rational & voluntary); on the other hand, the English model licenses constitutional rights in the institutions. Relativized are the differences between the two visions: the instrumental & symbolic functions of the constitution. The former is the outcome of political processes that specify laws & establish limits to political power. The latter is a symbolic function of a good & just society. It is concluded that the constitution requires responsible citizens, & that its symbolic functions emerge over time. A. Siegel

The author claims that in Hegel's Philosophy of Law there are two convergent, overlapping, & concurrent tendencies. The first asserts that the state is such a condition of society in which the universal will of citizens is paramount. It is the sole source of positive law, since only the state warrants the laws that do not do injustice to its subjects. In this theory, the state is considered an ideal universal entity, adjusted to the speculative shifts of auto-reflection. The second claims that as the rational state, the state is a union of different interests, providing good life for its citizens. The principle of their union is a particular benefit; not self-determination as the absolute principle but mutual compromise, mutual achievement & relatively equal contribution that creates interdependence. These two tendencies have entirely defined the understanding of the state in the German cultural space: at one time it is an ideal association among reflective individuals, & at other an apparatus of power. These two abstract solutions may only be overcome via a forceful democratic mediation of the civil society. Adapted from the source document.

One of the focuses of the study of parties at the end of the 20th century has been the organizational structure & the relations within political parties, including the nominating procedures for the selection of candidates for general elections. The manner in which parties fulfill their recruiting function &, eventually, the quality of the political & the governing elite in a "party" state directly depends on these procedures. Typologically there are differences between the nominating procedures in the US (regulated by federal laws) & those in European political parties (regulated by party documents). The author describes major forms of American pre-elections & European procedures for candidates' selection. She analyzes the nominating procedures in the Croatian legislation & the statutes of Croatian parliamentary parties. Her conclusion is that the laws on parties & the selection of candidates are entirely left to the parties whose statutes without exception envisage very centralized, exclusive & nondemocratic procedures of candidates' selection. 1 Table, 25 References. Adapted from the source document.

The private vs public sources utilized in financing electoral campaigns & political parties in various countries are compared, focusing on the situation in Croatia & major Western democracies. A table showing the introduction of public financing of political parties in individual countries in the second half of the 20th century is produced, & the enactment of laws & regulations limiting the amount of donations by individuals & corporations, controlling the raising & spending of funds, & ensuring a transparency in the finances allocated for electoral campaigns is discussed. In the US, political parties & elections are financed largely from private funds, although public matching programs are available & legal mechanisms are in place imposing limits on private donations & regulating their use. Similar processes are at work in Canada, Australia, & some European countries, eg, the Netherlands. In Austria, Italy, Germany, & Sweden, political parties rely mostly on subsidies from the state budget. In the UK, the Labour Party is financed by labor unions, while the Conservative Party by big business. Unlike in the West, the financing of political parties in Croatia remains unregulated. The absence of proper laws & regulations removes the funding of the parties & their electoral campaigns & the ways in which they raise & distribute donations from public scrutiny. 1 Table, 25 References. Adapted from the source document.

Due to the historical experience with the Weimar Republic, some abiding constitutional principles have been built into the new Constitution of the Federal Republic of Germany (its Fundamental Law). Instead of the positivist & formalistic interpretation of democracy of the Weimar Constitution, the authors of the Fundamental Law have opted for the concept of the so-called "militant democracy" i.e. democracy firmly linked to certain values. The concept of "militant democracy" is found in a number of articles in the German Fundamental Law, as a preemptive protection of democracy & a bulwark against extremist positions even before extremist groups break any law. The concept of "militant democracy" is based on the democratic theoretical & sociological-philosophical assumptions by Karl Loewenstein & Karl Mannheim. They have been converted into constitutional practice & incorporated into the Gennan Fundamental Law. However, the instruments of "militant democracy" do not include only the protective measures stipulated by the Constitution but an array of other measures of different intensity. Various instruments of "militant democracy" meant to protect democracy in the FR of Germany are described & include the discursive, penal-legal, administrative & constitutional-legal protection of democracy. The instruments of the protection of democracy in the Federal Republic of Germany are not unique, but some instruments e.g. the possibility of banning political parties are very rare in western democracies. & finally, this situation is briefly compared to the situation in some western & postcommunist democracies. References. Adapted from the source document.

In this text the author deals with the analysis of the fundamental legal texts regulating local self-government & administration in the Republic of Croatia & to what extent they are 'the fall guys' to be blamed for the state the systems of local self-government & administration are in. He concludes that these laws are a major generator (though not the only one) of the crisis of local self-government & administration in the Republic of Croatia. 16 References. Adapted from the source document.

The author claims that Haberle's theory of the constitution is a science of culture, opposed to formalism, decisionism, positivism, & statism. It is based on the continuity & the relationship among culture-building, law, & state. The subjects of the constitution-formative authority are mutually culturally linked citizens who decide on the objectively given subject-matter & procedures. The theory of the constitution as a science of culture is based on the assumption that serious conflicts among the open societies of Western Europe are highly unlikely. This represents a significant departure from the positivist theory of the state grounded in the conflict of interests & opinions as well as the strong regulatory role of the state. The author challenges Haberle's disregard for the crisis potential of modern societies & proposes that these two opposed theories should complement each other. The author goes on to describe Haberle's research method, which includes an analysis of both the cultural context & the normative/constitutional solutions. He applies this research method to the constitutional laws of Germany, Switzerland, & Austria, & also when comparing large & small states, or developed & underdeveloped ones. Haberle espoused Taylor's definition of culture: culture & civilization are equated so that the systems of culture are on the one hand products of activity, & on the other the conditioning element of future activity. According to Haberle, the culture of a community starts from the traditional, innovative & pluralist aspects that are the orientation points for constitutional science as a science of culture. Regarding tradition, culture is mediation of things past. The innovative aspect is based on the idea that culture is a further development of things past. Since culture is not uniform, its pluralist aspect should not be forgotten. Thus the citizens of a democratic constitutional state make up the cultural/anthropological premise, while the state is only one aspect of the constituted res publica. The constitutional state today goes beyond the scope of the national state since the regional European constitutional state has been evolving together with the outlines of "the world community of constitutional states.". 9 References. Adapted from the source document.