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Original scientific paper

THE TRANSFORMATION OF THE LEGISLATIVE DEMOCRATIC STATE INTO THE CONSTITUTIONAL STATE

Davor Rodin ; Faculty of Political Science, University of Zagreb, Zagreb, Croatia


Full text: croatian pdf 149 Kb

page 45-67

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Abstract

The author analyses Schmitt’s and Luhmann’s theory of democracy and the constitutional state. By comparing them, he concludes that Schmitt’s critique of the democratic pluralistic state has ended in the theory of direct or plebiscitary democracy in which the constitution is subject to an unpredictable will of political majority which can change it wilfully in line with the power relations. Luhmann, on the other hand, starts from the assumption of the separation between law and politics and builds his concept of the constitutional state on the bipolar differentiation and the mutual checks between law and politics. The author concludes that Luhmann does not give up on Hobbes’ pessimistic conviction that human nature is bestial; he only offers a different strategy for the coexistence of cultured savages.

Keywords

Hrčak ID:

105643

URI

https://hrcak.srce.hr/105643

Publication date:

16.1.1998.

Article data in other languages: croatian

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