Demokratischer Konstitutionalismus

2021 ◽  
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
The Other ◽  
Liberal State ◽  
The Rule Of Law ◽  
The One ◽  
Party State ◽  
The Welfare State

For Dieter Grimm, the constitution that emerged from the bourgeois revolutions of the 18th and 19th centuries appears as one of the greatest achievements of our time. Originally geared to the liberal state, it now faces challenges from within and without. The party state and the welfare state on the one hand, and Europeanisation and globalisation on the other, are escaping its grip. The question is therefore whether and how the specific conjunction of democracy and the rule of law, including fundamental rights, can be maintained under the changing conditions. With contributions by Wolfgang Hoffmann-Riem, Anna-Bettina Kaiser, Christine Landfried, Christoph Möllers, Ulrich K. Preuß, Dominik Rennert, Helge Rossen-Stadtfeld, Lars Viellechner, Uwe Volkmann, Hans Vorländer and Rainer Wahl.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

Entreprenøren som figur under neoliberalismen - Kapitalisme, individ og velfærdsorganisering

2020 ◽  
Author(s):  
Luise Li Langergaard
Keyword(s):  
Welfare State ◽  
Social Welfare ◽  
Social Entrepreneurship ◽  
The Self ◽  
The Other ◽  
State And Society ◽  
Economic Innovation ◽  
The One ◽  
The Welfare State

The article explores the central role of the entrepreneur in neoliberalism. It demonstrates how a displacement and a broadening of the concept of the entrepreneur occur in the neoliberal interpretation of the entrepreneur compared to Schumpeter’s economic innovation theory. From being a specific economic figure with a particular delimited function the entrepreneur is reinterpreted as, on the one hand, a particular type of subject, the entrepreneur of the self, and on the other, an ism, entrepreneurialism, which permeates individuals, society, and institutions. Entrepreneurialism is discussed as a movement of the economic into previously non-economic domains, such as the welfare state and society. Social entrepreneurship is an example of this in relation to solutions to social welfare problems. This can, on the one hand, be understood as an extension of the neoliberal understanding of the entrepreneur, but it also, in certain interpretations, resists the neoliberal understanding of economy and society.

VLADAVINA PRAVA I SOCIJALNA DRŽAVA

2021 ◽  
Author(s):  
Srećko Jelinić ◽  
Keyword(s):  
Social Justice ◽  
Welfare State ◽  
Rule Of Law ◽  
Telecommunication Services ◽  
The Rule Of Law ◽  
Goods And Services ◽  
Different Types ◽  
Consumer Contracts ◽  
The Welfare State

In this paper the author is searching for the connection between the concepts of the rule of law, so called social justice and the concept of the welfare state. The notion of the rule of law needs to be interpretated and defined precisely. The arguments in the paper are supported with selected court findings and decisions. The special emphasis is given to the issue of social justice which is, as it seems, particularly questionable in the field of consumer contracts where the issue of inequality of the parties to the contract comes to existence. Different types of contracts such as the contracts for telecommunication services together with some other issues such as the later change in contractual conditions and difficulties in obtaining payment for provided goods and services are being discussed and discoursed

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips

2016 ◽  
Author(s):  
Nesiah Vasuki
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Other ◽  
Practical Significance ◽  
Political Society ◽  
Political Imagination ◽  
The Rule Of Law ◽  
The One

This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

Social Quality in a Transitive Society

2019 ◽  
Vol 9 (1) ◽  
pp. 32-50 ◽  
Author(s):  
Valeriy Heyets
Keyword(s):  
Welfare State ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
The Other ◽  
Social Quality ◽  
The Social ◽  
The One ◽  
Quality Approach ◽  
The Welfare State

Nearly 30 years of transformation of the sociopolitical and legal, socioeconomical and financial, sociocultural and welfare, and socioenvironmental dimensions in both Central and Eastern Europe, including Ukraine, has led to a change of the social quality of daily circumstances. On the one hand, the interconnection and reciprocity of these four relevant dimensions of societal life is the underlying cause of such changes, and on the other, the state as main actor of the sociopolitical and legal dimension is the initiator of those changes. Applying the social quality approach, I will reflect in this article on the consequences of these changes, especially in Ukraine. In comparison, the dominant Western interpretation of the “welfare state” will also be discussed.

Domestic Infringements of the Rule of Law as a European Union Problem

2018 ◽  
Vol 64 (4) ◽  
pp. 552-560 ◽  
Author(s):  
Marek Safjan
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Communist System ◽  
Domestic Legislation ◽  
Charter Of Fundamental Rights ◽  
New Type ◽  
The One ◽  
The Eu

In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

scholarly journals Efforts to Disrupt the Authoritarian Equilibrium within the EU. Effects and Counter-effects

2021 ◽  
Vol 17 (4) ◽  
pp. 723-741
Author(s):  
Krisztina Juhász
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Theoretical Approach ◽  
Financial Support ◽  
The Other ◽  
Resource Analysis ◽  
The Rule Of Law ◽  
Secondary Literature ◽  
The One ◽  
The Eu

Abstract The study, leaning on the concept of ‘authoritarian equilibrium’ introduced by R. Daniel Kelemen on the one hand, and new intergovernmentalism as a fresh theoretical approach of the European integration on the other hand, investigates if we can talk about the disruption of the ‘authoritarian equilibrium’ as a consequence of the split up between Fidesz and the EPP, and the adoption of the rule of law conditionality mechanism. In other words, whether we can talk about an initial authoritarian dis-equilibrium? Or can we rather talk about a converse process due to the mechanisms of new intergovernmentalism resulting in the further stabilisation of authoritarian governments and the ineffectiveness of the EU measures devoted to the protection of rule of law? Using qualitative resource analysis of the relevant secondary literature and the documents and legal acts of the EU and its institutions the paper comes to the conclusion that while we have witnessed efforts to disrupt the partisan and the financial support of the Hungarian governing party, these efforts were neutralised by the mechanisms of new intergovernmentalism and as a consequence we still cannot talk about an initial authoritarian disequilibrium in the EU.

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