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SEVERAL OBSERVATIONS ON THE CONCEPT OF THE STATE OF LAW

Author(s): Zvonko Posavec
Subject(s): Politics / Political Sciences
Published by: Fakultet političkih znanosti u Zagrebu

Summary/Abstract: The author defines the state of law as a typical product of German political culture which corresponds to, but also differs from, both the experience of the English rule of law and that of the French l’ État-Nation. The author pays particular attention to the issue of the legitimacy of the state of law. He focuses on two different approaches to this issue in the works of Volker Gerhardt and Ernst Wolfgang Böckenförde. Following a critical analysis of their fundamental assumptions the author goes on to divulge the thesis on the necessity of a balance between rights and power in the functioning of modern political systems.

  • Issue Year: XXXIV/1997
  • Issue No: 04
  • Page Range: 3-13
  • Page Count: 11
  • Language: Croatian
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