Suchergebnisse

Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of le

The author compares Richard Sennet's Die Kultur des neuen Kapitalismus (The Culture of the New Capitalism) with Udo di Fabio's Die Kultur der Freiheit (The Culture of Freedom). He contends that apart from some genre specific, interpretative, & political differences there are many similarities between both authors. However, they differ in the analysis of origin & therapy proposals. E. Sanchez

The author holds that the constitutional theory today is put to the test in three areas. The first is the problem of the relationship between transnational regimes & government institutions. Constitutional/legal theory is faced with the question how the norms concerning transnational regimes can acquire the dignity of legal norms via "constitutionalization." The second challenge is posed by transnational regimes sui generis such as the EU's legal system. The third concerns the process of EU's expansion. For the author, a constitution is both an instrument & a symbol; ie, it is doubly coded. On the one hand, it leans on practice & instrumental implementation, & on the other on the world of representation. There are different types of constitutions. Type one are manifests, largely solely symbolically coded. Type two are the constitutions in the form of contracts, structured more in the form of a legal relationship between discrete actors than a monolithic symbolic corpus. Type three are programmatic or planned constitutions, & they are associated with the rise & fall of socialist societies. They identify the already politically defined developmental goals. And finally, there are the so-called constitutions-cum-laws. These are a result of a regular legislative process that enables people in the capacity of presumed agents of sovereignty to debate constitutions & accept them. The author's opinion is that the transition of Central- & East-European countries is a transition from the simple-coded with the primacy of the symbolic to the double-coded constitutions. This transition is not smooth. The first difficulty lies in "transplanting" constitutional solutions to different social/historical contexts. The second relates to the anticonstitutional mentality that prevails in these societies. Despite everything, the constitutional balance in Central & Eastern Europe is satisfactory on the whole. The constitutions of these countries are interesting because of three symbolic aspects. The first refers to the constitution formation processes in which these societies ceased to be objects of authoritarian rulers. The second aspect regards the search for new forms of identity & unity. The third aspect refers to the attempts to banish tyranny from politics & social life by means of legal chains. 35 References. Z. Dubiel

The author claims that classical liberalism solely recognizes the individualist perspective of maximizing individual profit & totally bypasses the issue of solidarity. Only as the consequence of workers' movement & the Marxist critique of the freewheeling market did the welfare state emerge to make up for the lack of solidarity. The welfare state, however, is based on a combination of the opposing principles: freedom & social justice, the state of law & social responsibility, the right to an unfettered individual development & the limitations to individual freedom through welfare institutions. The contradictions & the crisis of the welfare state have resulted in a series of criticisms. Contrary to the liberal & social-democratic critique, the author bases his position on the precepts of a bourgeois society as an ambience of civic solidarity. Such an attitude takes the civic responsibility for granted not only regarding legal & political but also social prerequisites for practicing civic autonomy. Adapted from the source document.

The author claims that classical liberalism solely recognizes the individualist perspective of maximizing individual profit & totally bypasses the issue of solidarity. Only as the consequence of workers' movement & the Marxist critique of the freewheeling market did the welfare state emerge to make up for the lack of solidarity. The welfare state, however, is based on a combination of the opposing principles: freedom & social justice, the state of law & social responsibility, the right to an unfettered individual development & the limitations to individual freedom through welfare institutions. The contradictions & the crisis of the welfare state have resulted in a series of criticisms. Contrary to the liberal & social-democratic critique, the author bases his position on the precepts of a bourgeois society as an ambience of civic solidarity. Such an attitude takes the civic responsibility for granted not only regarding legal & political but also social prerequisites for practicing civic autonomy. Adapted from the source document.