As R. Dahrendolf mentioned, constitutional democracy can be achieved in three stages:
1. The drafting and implementation of a new constitution that sets up the core values of statehood, fundamental rights, the main models of the rule of law, independent and unbiased carrying out of justice, and power separation. ‘The hour of the lawyers’, as he stated that.
2. The creation of a market e...
... middle of paper ...
...et of principles, methods, institutions, practices, and norms that functions to limit power. Without a deep culture of constitutionalism, formal democracy may become superficial and corrupt. With a constitution, a nation ties itself and its government to Odysseus’ mast in order not to be distracted by the calls and temptations of the sirens.”
1. H. Schwartz. The Struggle for Constitutional Justice in Post-Communist Europe. 2000.
2. H. Steinberger. Decisions of the Constitutional Court and Their Effects. – The Role of the Constitutional Court in the Consolidation of the Rule of Law. CoE proceedings. Bucharest 1994.
3. J. Habermas. Law as a Medium and as an Institution. – Dilemmas of Law in the Welfare State. 1988.
4. L. Hand. The Spirit of Liberty. – The Spirit of Liberty. Knopff 1952.
5. R. Dahrendorf. Reflections on the Revolution in Europe . 1990.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- On September 17, 1787, the United States Constitution was signed and officially established the Independence of America as we know of today. This founding document has secured the rights of citizens for over two centuries. The philosophy behind this piece of work begins with the words “we the people..” explaining the democratic concept of including all citizens within the governing of power. The U.S Constitution is organized by various parts, first the introduction or also known as the Preamble, which explains the purpose of the Constitution and the power of government, next are seven separate articles with additional sections added to them, and finally twenty seven amendments– or changes–ar... [tags: United States Constitution]
814 words (2.3 pages)
- The U.S. Constitution was written with a great vision to create a strong nation. Unlike the Articles of Confederation, the Constitution is a very well organized and well thought out document that holds a strong bases for the future of America. It was September 17, 1787 that the Constitution was created, just a few years after we broke away from England’s control. In 1777, America’s government operated under the Articles of Confederation. This allowed states to operate independently like little countries.... [tags: United States Constitution, United States]
1238 words (3.5 pages)
- Chapter nine of Enduring Debate talks about how the American opinion poll plays role in constructing the government and how the media has affected the American politics. The public polling promotes democracy by allowing citizens to give their views concerning issues in government. The opinion polls also keep the government on toes. The main ideas are based on the founding of the American state and the constitution. Constitutionalism is based on the concept of the rule of law and limited authority.... [tags: United States Constitution, Constitution]
750 words (2.1 pages)
- The Constitution of the United States is an intricate document, that has influenced and shaped many newly formed Democratic nations. Many people believe that the ideas in the American Constitution are all novel and original, but that is untrue. The roots of American Constitutionalism are found in the historical paradigms of Western tradition. The fact is, constitutional doctrines were long developed and put into use long before the birth of America. The Greeks, the Romans, the English, and even the Colonialist in the New World all formed constitutional doctrines that would later influence the Founding Fathers of the American Constitution.... [tags: United States Constitution, Democracy]
1880 words (5.4 pages)
- The Palauan constitution allows the people over 18 years of age to vote in the national and state elections . There are no political parties in Palau and there is no law to prevent the formation of political parties . Thus, all candidates are running as independents. According to Veenendaal (2013) , the population size of the Republic of Palau, and its cultural background is the primary reason for the country not having a political party. Their small population size allows the people to easily communicate with politicians without going through the party organization, resulting in greater awareness about the people’s preferences.... [tags: United States Constitution]
761 words (2.2 pages)
- Fifty five delegates were at the Constitutional Convention in Philadelphia.The delegates did not accurately reflect America considering most of them were apart of the upperclass.The delegates were made up of lawyers,physicians,college graduates,large plantation owners,important businesses people,and former chief executives of states under the Articles of Confederation.At the constitutional conventions factions emerged due to the different delegaetes having a the variety of opinions.As a result within the large group of delegates, smaller groups formed and began pushing political agendas.... [tags: United States Constitution, United States]
855 words (2.4 pages)
- The Constitution and The Bill of Rights The Constitution and the Bill of Rights are looked upon by the American people as priceless artifacts, constructed perfectly by the founding fathers over 200 years ago, but is that the case. Is the Constitution, the document that built our government from the ground up, dead. Can we interpret it to fit our modern technologies. I am going to go more indepth on these questions and unravel my opinion on the Constitution and the Bill of Rights. Let’s start off at the beginning; the founders gathered in 1787 for the Constitution Convention, the purpose was to ratify The Articles of Confederation.... [tags: United States Constitution, United States]
771 words (2.2 pages)
- ... On the opposite side, others insists that the constitution is absolutely useless since it is widely adopted in the numerous autocratic states, and used to retain the power and authority in hands of current government. Basically, those debates reflects the controversial nature of statecraft. My paperwork is intended to consider the role of the constitution and constitutional court in democratic society. As R. Dahrendolf mentioned, constitutional democracy can be achieved in three stages: 1. The drafting and implementation of a new constitution that sets up the core values of statehood, fundamental rights, the main models of the rule of law, independent and unbiased carrying out of justic... [tags: majority, power, economy]
531 words (1.5 pages)
- The Comparative Constitutional Approach The Constitution of the United States of America (US) is the bedrock of the political and judicial system of a country which at the time founded represented a new direction of governance not practiced for nearly two millenniums. The US became the first democratic republic in modern history with a Constitution that came into force in 1789, deriving more ideals from the Romans or the Greek Mini-States that from any political system in place around the world at the time.... [tags: Supreme Court of the United States]
1195 words (3.4 pages)
- Hegel and the Russian Constitutional Tradition ABSTRACT: This paper advances the idea that Russian constitutionalism developed through a reinterpretation of Russian history in terms of Hegel's concept of the World Spirit. Russians implicitly viewed their nation as the embodiment of Hegel's World Spirit, which would have a unique messianic mission for humanity. However, the specifics of Russia's historical development diverged from Hegel's critical stage of ethical development, in which individuals would be mutually recognized as free beings.... [tags: Russia Government Philosophy Papers]
3334 words (9.5 pages)