Original scientific paper

A CONSTITUTION WITHOUT A STATE

Zvonko Posavec ; Faculty of Political Science, University of Zagreb, Zagreb, Croatia

Abstract

The author outlines Häberle’s theory of constitution in five parts: 1. The concept of the constitution; 2. The constitution as a public process; 3. The constitution as culture 4. The “fifth” method of interpretation; 5. Critical objections. With this division the author covers, if not all, then at least the essential features of Häberle’s concept of the constitution. In the author’s opinion, Häberle, after Savigny, worked out a new principle for interpreting the constitution - the cultural principle. At the time of the decline of nation-states and the era of intensive international concurrence of constitutions, this principle - apart from the classic methods of the interpretation of constitutions - has been gaining importance. And finally, the author looks into the controversies triggered off by Häberle’s theory of constitutions.

Keywords

Hrčak ID:

27085

URI

https://hrcak.srce.hr/27085

Publication date:

28.11.2000.

Article data in other languages: croatian

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