Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.72.6.01
On the Relevance of the Constitutional Legacy of SPQR and Its Significance for Contemporary Constitutionalism
Arsen Bačić
; Hrvatska akademija znanosti i umjetnosti, Zagreb, Hrvatska
Petar Bačić
orcid.org/0000-0001-6991-8272
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
The text emphasizes the need to study the historical Roman constitution, as an integral part of the comprehensive analysis of the sources of the ideological apparatus of the contemporary constitutional democratic state. The authors remind us of the methodological instruction from T. Mommsen’s Staatsrecht that the said studies are not only a unique direction towards understanding SPQR constitutionalism and its legate, but also constitute an approach that enables conclusions regarding results that are not temporally and substantively limited, nor are they – “so much as narrowly legalistic as it is often thought”. Thanks to the choice of an open and broad approach of modern constitutional legal analysis, which is guided by the thought: the constitution is culture (P. Haberle), the continuity and vitality of new knowledge about the old topics of government and freedom, property and owner, wealth and poverty, class and classless society is strengthened as unchanging constants of the constitutional system of the contemporary state and society.
Ključne riječi
SPQR; constitution; classical and modern constitutionalism; crisis of contemporary constitutionalism
Hrčak ID:
291994
URI
Datum izdavanja:
30.12.2022.
Posjeta: 797 *