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Conference paper

The Constitutional State and Democracy

Hans Buchheim ; University of Mainz, Mainz, Germany

Full text: croatian pdf 972 Kb

page 19-24

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The author names three reasons for the advantage of the constitutional state over democracy. In a constitutional state democracy contributes to state life in such a manner that the essential requirement that the people agree with the political government is complemented by the participation of the population in the forming of the political will. Also important for democracy as an element of the constitutional state appear to be the principles of representations and of generality. Democracy is subordinate to the principle of generality because as a variant of government it relates to the whole, to what is common and general to society, and as government of the people it is a government of equal entities whose equality will find its adequacy only in generality.


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