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Legaliteit en legitimiteit

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ISBN: 9789087282424 Year: Pages: 289 DOI: 10.24415/9789087282424 Language: Dutch
Publisher: Leiden University Press
Subject: Law --- Political Science
Added to DOAB on : 2020-06-11 23:58:28
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Abstract

"Legaliteit en legitimiteit" takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

„Berufsstand“ oder „Stand“?

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ISBN: 9783205203414 Year: Pages: 680 DOI: 10.26530/oapen_614163 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 340
Subject: Political Science
Added to DOAB on : 2016-08-27 11:01:16
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The Constitution of 1 May 1934 saw an attempt made in Austria to create an alternative to parliamentary democracy in the form of an order based on the professional “Stand” (corporation). The failure of this attempt was due to the nature of the “Stand” itself which, as something organically grown, is not accessible to institutionalisation. In reality, the corporation was just a means of enabling conservative thinking, in a much wider sense, to influence politics, a hangover of traditional forms of rule.

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