Ustav kao akt pozitiviranja društvenog ugovora
Constitution as an Act of Positivation of the Social Contract

Summary/Abstract: This is an essay in normative political theory. Its principal aim is to explore legitimating capacities of contractualism. The author claims that the thought experiment of social contract is capable of offering moral justification for the establishment of state authority (original legitimacy). But the theory of social contract does not have capacity to set normative terms of the relationship between rulers and subjects (political legitimacy). Still, the contractual lesson holds good: to say that citizens owe loyalty to the state, implies that legal and political actions of political authority ought to be justifiable from the perspective of the individuals’ moral condition. Therefore, an attempt has been made to extend the scope of contractualism, but introducing the notion of constitution as a second-level social contract.

• Details
• Contents