INTERACTION OF CONSTITUTIONAL STATE, CIVIL SOCIETY AND PERSON TOWARDS ATTAINING EQUITABLE SYSTEM IN RUSSIA

Author(s):  
F.A. Vestov ◽  
O.F. Fast
1995 ◽  
Vol 39 (1) ◽  
pp. 174-187
Author(s):  
Ehrhart Neubert

Abstract The author examines the consequences of dictatorship upon the conciousness of law and justice in the postsocialist society of East-Germany. This society and even the Church are characterized by a moralizing thinking of justice- according to the German tradition of paternalistic state: the state grants justice and represents community. Ever after theseGermans regard themselves as inferiors, who want to get adjusted into a disciplined order. This leeds to disappointments and radical criticism of the democratic constitutional state. Law is not able to realize ultimatejustice. For the aceptance ofthe constitutional state it will be necessary to restore civil society and overcome a fundamentalistic criticism of civilisation.


2008 ◽  
Vol 30 (2) ◽  
Author(s):  
Frederick Neuhouser

AbstractThis paper sets out the kind of intellectual enterprise Hegel’s science of society is by explaining its aim (reconciliation) and the method it employs to achieve that aim. It argues that Hegel’s science of society, similar to Smith’s and Marx’s, offers an account of the good social order that is grounded in both an empirical understanding of existing institutions and a normative commitment to a certain vision of the good life. It spells out the criteria Hegel appeals to in his judgment that the modern social order is fundamentally good and worthy of affirmation, namely, that its three principal institutions−the family, civil society, and the constitutional state−form a coherent and harmonious whole that promotes the basic interests of all its members in a way that also realizes freedom in all three of the senses relevant to social theory: personal, moral, and social freedom.


Author(s):  
N. W. Barber

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles—sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society—casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.


2015 ◽  
Vol 4 (1) ◽  
pp. 55-60
Author(s):  
Холодов ◽  
Vladimir Holodov

Recognition and protection of the rights and freedoms of the person and citizen as the main reference point and supreme value is the defining purpose in the development of civil society and constitutional state. In this regard the article focuses on theoretical and legal aspect of citizens’ constitutional right for business activity.


2018 ◽  
Vol 55 ◽  
pp. 05008
Author(s):  
Dilovar Kalimullin ◽  
Gul’zirak Kalimullina

Process of formation of the civil sector has significantly accelerated in recent years. It became the instrument of social policy, school of political culture and a form of civil participation. In the activity, they are guided by modern concepts of civil society, which has been developed in a subsoil of the liberal culture. Directly or indirectly, their ideological platforms include values of the free personality, the principles of the constitutional state and private property, security of all subjects from any decisions, independence of mass media, compliance of the domestic legislation to the universally recognized norms and the principles of international law. The paper is also devoted to studying the questions of formation of public associations in the Republic of Tatarstan.


Author(s):  
Javier Ruipérez Alamilo

The preoccupation about the conciliation between Freedom and Democracy has always been present in the political thought along History. Is for this reason why this antinomy is been tried to be solved from several approaches from classical Greece to our days. It was the rise of the liberal Constitutional State which made real both premises but from an approach in which both concepts act like characteristic of two very different frames: the one of the civil society and the one of the State, so that Freedom that acts in the first one, conditions absolutely to the second. But certainly Freedom and Democracy are, in essence, complementary and inseparable terms, because none of them can be understood without the other, and their independent fulfilment would be impossible at all.


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