Suchergebnisse

The author's thesis stated in the title is based on the theoretical and practical experience of modern political regimes, particularly on the example of the Croatian postcommunist experience. The author shows how the belated political constitution of the nation has occurred at the expense of political emancipation, pluralization and democratization. Small nations, which did not take part in the creation of modern state and the establishment of the contemporary political and legal culture, suffer from a double setback: they did not have a state of their own and are regarded small, "unhistorical" peoples. The fascination and obsession with the state and the identification of the nation with the state is especially visible in those postcommunist societies that have not gone through the process of political emancipation, i.e. the emancipation of the state. The author points out that the fascination with the state has had serious consequences for the development of democracy since any oppositional opinion and activity or a criticism of the government is disqualified as an attack on the state. This fascination and the identification of the nation and the state is a barrier to state building since it stands in the way of its emancipation and integrational processes. (SOI : PM: S. 109)

The author analyzes two famous critiques of the bourgeois state: Marx's thesis on the withering away of the state as an instrument of force of the economicall dominant bourgeois class which, by means of the quasi-neutral state as the higher third instance controls the the class antagonisms whose disappearance will make the state as an instrument of repression obsolete; and Carl Schmitt's thesis that the state will become unnecessary in the world in which there are no longer any enemies, only offenders who violate humanistic norms and human rights. (SOI : PM: S. 68)

We bring the most important Opinions in order to show how they have resolved in an unbiased and contradictory manner certain dilemmas about the constituent elements of a state, the conditions for the creation and the recognition of a new state and the effects of its recognition by third states. The document is of vital importance for the process of the constitution of the Croatian state. (SOI : PM: S. 177)

The revival of the nation has shocked German intellectuals who think that the nation-state is historically obsolete and that new models should be upheld: the united Europe, a world community of responsible states, globalisation of markets, a universe of human rights. The contrary tendencies in today's world are marked by giving up on huge political entities which have been replaced by smaller nationality-based states. It seems that political freedom leads to the formation of nation-states based on democratic constitution. This process requires looking into the relation between the nation-state and democracy. The key for the explanation of their relationship can be found in the notion of nation. Citizenship mediates between the people (in its real manifestation as a social group), and democracy as a constitutional principle. It gives to the state as a personal entity legal structure on which to build a democratic form of the state and guarantees legally applicable taxonomies and limitations. (SOI : SOEU: S. 17)

After World War Two there have been opposing views of the role and the importance of the state in international affairs. Some think that the importan the state is slowly decreasing, since the increasing interdependence of the wo has an enormous influence on internal and foreign policies of a state. On the hand, some point out that the state has not lost any of its importance and tha the contrary, this importance will only be enhanced since the world community has not as yet come up with a model by which to replace sovereign state entities. States generate the structure which has a significant influence on individual group security. This particularly applies to the post-cold-war period since th problems and the threats of the present-day world - economic collapse, politic oppression, poverty, ethnical conflicts, nature degradation, terrorism, crime diseases - directly affect many other elements of security. It is these very problems that turn our attention to the state as the most important institution of the day world which still has at its disposal the resources for reducing or eliminating these threats. (SOI : PM: S. 43)

The role of the Chetnik movement on the territory of the Independent State of Croatia has never been completely clarified. The author points at three aspects of the role of the Chetnik movement in the Independent State of Croatia: their role in territorial organization of the Independent State of Croatia, contractual linking with the government of the Independent State of Croatia in order to destroy military the antifascist movement and the efforts to gain Croatian Yugonationalists over for their purposes. (SOI : CSP: S. 487)

The author presents and evaluates the political program of the wartime Croatian Peasant Party (HSS) in the Independent State of Croatia. HSS wanted a Croatian state organized on democratic bases, not a totalitarian state. They saw the postwar Croatia either as an independent state or, depending on historical circumstances, as a member of a state of confederal type in which it could keep the characteristics of its national sovereignty. Such program was represented by HSS in negotiations with the Ustasha leaders in Summer of 1943 and in the negotiations with the communist leaders in 1943/44. HSS also tried to carry out that program through the military political coup in the Summer of 1944 (Vokic-Lorkovic coup). Conspirators were removed by the leader Ante Pavelic, but the political program of the wartime HSS was not prevented, in the last consequence, by Pavelic, but by the Yugoslav, and among them also Croatian communists: after the World War Two the communists established their centralized one-party Yugoslav state. (SOI : CSP: S. 496)

In the introductory part of the essay, the author looks into the connection between the establishment and attributes of the so-called state of law and the legal system of continental Europe. This is followed by his summary of the origins of the idea of the state of law and its historical setting. In the middle part of the essay the author offers a list of values, value principles and the premises of the so-called state of law with the corresponding conclusions about a marked, multi-level/multiple restricted meaning and scope of the (mosdy) 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. (SOI : PM: S. 157)

The archival material about the Croatian Parliament during the World War Two is kept in the Croatian State Archives in Zagreb and it is an important source for studying the period of the Independent State of Croatia. The author presents a short survey of the archival material, pointing out its value in studying political, social and economic situation in the Independent State of Croatia. (SOI : CSP: S. 590)

Hegel's teaching on the objective spirit, as a moment of the world spirit is an idea based on objective morality, while modern state is the highest historical manifestation of that morality. The objective spirit understood in this way is juxtaposed by the subjective morality in the form of the contingency of instincts and concepts of individual subjects: these two elements make for the specific constitution of modern state. For a state to exist as the realisation of freedom and to fulfil its world-historical task, i necessary to eliminate and overcome the opposition of these two elements. That is why in Hegel's "ideal" concept of the structure of the state (which for him means communal life in freedom), the state-community is defined as a unity of free individuals-citizens, permeated with the idea of the good. (SOI : PM: S. 223)

The author analyzes the interpretations by Jean-Marie Guehenno and Helmut Willke of the end of the national state within the context of contemporary debates on globalisation. The author thinks that in their analyses both authors have come up th similar insights, particularly those regarding the assessment of the functional role which may be analytically attributed to the national state in the present and the future. Although their observations coincide with the debates on globalisation going on in political economy and political science, their conclusions are not in line with the special structure of political activity. Unlike their state/theoretic "hegelianism" (Guehenno) and system theory, functional definition of government activity (Willke), the author looks into the contemporary operation of the state from the legal/philosophical perspective. (SOI : PM: S. 37)