scholarly journals DEMOCRATIC CIVIL SOCIETY AND THE ESSENCE OF ITS CONTENT

2021 ◽  
Vol 01 (01) ◽  
pp. 9-13
Author(s):  
Khakima Davlatova ◽  
◽  
Ozodbek Nematov ◽  

This article discusses Democratic civil society, its legal, economic, political and spiritual foundations. The stages and features of the formation of civil society in Uzbekistan will be discussed. Citizens' self-government bodies and its types are discussed. Also in the article are Open Civil Society and the Rule of Law. The program of political construction “From a strong state - to a strong civil society” will be considered.

1996 ◽  
Vol 37 (1) ◽  
pp. 104-140 ◽  
Author(s):  
Barbara A. Misztal

The initial optimistic illusions about the future of postcommunist countries have been cut short by not so encouraging developments in these societies. With the growing awareness that the postcommunist transition cannot be understood as a linear passage to a free market and parliamentary democracy, more attention is paid to the social and economic obstacles as well as to the legacy of real socialism. The feelings of increasing uncertainty about the outcome of postcommunist transformation have led some writers to characterise Eastern Europe as being in the stage of liminality (or in an inbetween stage), in which everything may happen yet little can be done (Bauman 1994: 32). Arguing from a Tocquevillian position for the need of both a strong state and a strong civil society and also adopting his insight into the importance of enlightened interest, I shall discuss factors responsible for a lack of government which operates under the rule of law, as well as discussing factors responsible for obstructing the development of civil society and the emergence of enlightened interest in the post-communist societies.


Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.


2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.


The article substantiates the idea that in the process of the formation and development of the foundations of a civil society and the rule of law, legal nihilism continues showing to a certain extent its potential and thus inhibiting progressive legal changes. Attention is focused on the peculiarities of the stability of legal nihilism and the problems of its gradual overcoming. It is emphasized in the offered article the importance of the law values priority, of the legal ideal, of the principle of social justice in the process of eradicating the manifestations of legal nihilism in the relevant areas of society life activity and personality. The authors came to the following conclusion: Values of law is a phenomenon of objective property, to be based on the ideas of the natural law, arising from the fact of human existence and directed exclusively to a person, to his rights and needs. Value entity of law really manifests itself only under operating conditions of civil society and legal state, recognising a person, his rights and freedoms as the highest social value. Legal nihilism begins losing its potential strength only when the majority of members of civil society recognize the priority of values of law. Confrontation of values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Basing on the values of law, civil society institutions can solve problems being in the field of interests and needs of each person, so creating favourable conditions to eradicate legal nihilism. Using the truly valuable potential of law (first of all, legal law), civil society and legal state carry out transformations that ensure decent existence of any individual and by this minimizing the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal state, the practical negative attitude to legal nihilism should not weaken, because in the face of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with constant increase in the level of legal awareness and legal culture of the majority of members of civil society, which is a consequence of the following conclusions. Values of law is a phenomenon of objective property, based on the ideas of natural law, arising from the fact of a person’s existence and directed exclusively to a person, his rights and needs. The value essence of law really manifests itself only in the conditions of the functioning of civil society and the rule of law, recognize a person, his rights and freedoms as the highest social value. Legal nihilism begins to lose gradually its potential strength only when the majority of members of civil society recognize the priority of the values of law. The confrontation of the values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Based on the values of law, civil society institutions can solve problems that are in the field of interests and needs of each person, which creates favourable conditions for the eradication of legal nihilism. Using the truly valuable potential of law (first of all, legal laws), civil society and the rule of law carry out those transformations that ensure the worthy existence of the individual and thereby minimize the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal law any negative attitude to legal nihilism should not be weaken, since in the conditions of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with permanent increase in the level of legal awareness and legal culture of the majority of civil society members which is a consequence of increase of quality of legal education and upbringing.


2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.


2021 ◽  
Author(s):  
Gennadiy Pracko

In the textbook, in accordance with the requirements of the curriculum of the course, the basic concepts, categories, current issues concerning theories of state and law. At the same time, attention is focused on the problems state and law in the conditions of the formation and development of civil society and the rule of law. The textbook is intended for law students. This publication can be useful for everyone who is interested in the problems of the state. and rights


Author(s):  
Andi Hoxhaj ◽  
Fabian Zhilla

Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.


2019 ◽  
Vol 139 (2-4) ◽  
pp. 305-324
Author(s):  
Lars Peder Nordbakken

This paper suggests that the challenge to renew liberalism today may be seen to share some similarities with the first attempt to renew liberalism at the Colloque Walter Lippmann in 1938. Besides sharing intellectual, political and institutional dimensions, liberalism is once again under severe attack on many fronts, and it is once again seen by many to suffer a combined legitimacy and effectiveness crisis, reminding us of the main topic discussed in 1938. The first central argument of the paper is to show why a realistic and inclusive conception of liberty needs to be grounded in an extended institutional infrastructure of freedom, based on the interdependent and balanced relations between its four major institutional pillars: the rule of law, democracy, the market economy and civil society. Following this discussion, the paper challenges Friedrich Hayek’s attempt to rebuild liberalism based on a narrower conception of liberty and its institutional preconditions. The paper concludes by underpinning the need to move beyond Hayek in the renewal of liberalism in our time.


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