Suchergebnisse

The author distinguishes between the antiquity's and Middle Ages' teachings on natural law and justice as a virtue and the modern-age Hobbes' theory of the prerequisites of the legal system. Hobbes' theory identifies the prerequisites of the legal system and describes the institution of legal constraint which guarantees the rule of law. The author points to the central historical difference between these paradigms. Finally, the author traces the evolution of Hobbes' paradigm in Kant's philosophy of right. (SOI : PM: S. 276)

The author analyses the tension which exists in constitutional states between the popular sovereignty and the constraints of the people by constitutional order. After explaining and historically interpreting the significance of popular sovereignty as well as the danger hidden in the unequivocal adherence to this principle, he describes the functioning of popular sovereignty in several European constitutions. Most of them express certain misgivings about the people and its direct participation, so that its activities are limited to constitutionally predictable decisions. The author also highlights certain ethic dilemmas and perimeters of popular sovereignty. Constitutional state is based on the compromise between the liberal and the democratic principle; recently, this compromise has been endangered in some newly-created constitutional regimes by non-liberal democracy or the disequilibrium between these two principles. (SOI : PM: S. 77)