Original scientific paper
COMPONENTS OF THE EUROPEAN LEGAL/STATE CULTURE AT THE START OF THE 21ST CENTURY
Erhard Denninger
; J.W.Goethe-Universität Frankfurt am Main, FB Rechtswissenschaft, Frankfurt/Main, Germany
Abstract
The author looks into the notion of the rule of law from the functional/logical, and not historical standpoint: he starts from the hypothesis that there is the functional logic of managing social behaviour and social developments by means of legal norms. This logic, with some preconditions, creates certain institutions. The recognition of members of a society as free and equal is the fundamental assumption. It means that government agencies have the right of independent action but are at the same time also disempowered. This requires the quality of laws to be evaluated on the basis of rationality and normativity. The second part of the text lists the institutional conditions for the rule of law: division of power, legal restrictions of all government institutions and independent judiciary. A guarantee of basic right must be included in these functional elements. The author thinks that our future is to be marked by social pluralization, the need for security and the concurrent processes of globalization and individualization. These processes are surely going to affect the institutions of the state of law.
Keywords
functional logic; legitimacy; normativity; state of law; rationality; rule of law; law
Hrčak ID:
24366
URI
Publication date:
4.4.2002.
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