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Original scientific paper

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 ; Croatian Academy of Sciences and Arts, Zagreb, Croatia
Petar Bačić orcid id orcid.org/0000-0001-6991-8272 ; Faculty of Law, University of Split, Split, Croatia


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Abstract

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.

Keywords

SPQR; constitution; classical and modern constitutionalism; crisis of contemporary constitutionalism

Hrčak ID:

291994

URI

https://hrcak.srce.hr/291994

Publication date:

30.12.2022.

Article data in other languages: croatian

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