Original scientific paper

POPULAR SOVEREIGNTY IN CONSTITUTIONAL STATE

Carl Ballestrem ; University of Eichstaett, Eichstaett, Germany

Abstract

The author analyses the tension which exists in constitutional states between the popular sovereignty and the constraints of the people by constitutional order. After explaining and historically interpreting the significance of popular sovereignty as well as the danger hidden in the unequivocal adherence to this principle, he describes the functioning of popular sovereignty in several European constitutions. Most of them express certain misgivings about the people and its direct participation, so that its activities are limited to constitutionally predictable decisions. The author also highlights certain ethic dilemmas and perimeters of popular sovereignty. Constitutional state is based on the compromise between the liberal and the democratic principle; recently, this compromise has been endangered in some newly-created constitutional regimes by non-liberal democracy or the disequilibrium between these two principles.

Keywords

Hrčak ID:

32303

URI

https://hrcak.srce.hr/32303

Publication date:

3.9.1998.

Article data in other languages: croatian

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