Search result: 3 articles

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Year 2011 x
Discussion

Access_open Horizontal Effect Revisited

A Reply to Four Comments

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Authors Gunther Teubner
Abstract

    In this concluding article, Gunther Teubner addresses his critics.


Gunther Teubner
Article

Access_open Legitimiteit, gemeenschap en rechtvaardigheid

Een kritiek op Dworkins verklaring voor legitimiteit

Journal Netherlands Journal of Legal Philosophy, Issue 1 2011
Keywords legitimacy, associative obligations, justice, community, Dworkin
Authors Thomas Decreus
AbstractAuthor's information

    In Law’s Empire Ronald Dworkin offers a specific answer to the age old question of political legitimacy. According to Dworkin, legitimacy originates in a ‘true community’ that is able to generate associative obligations among its members. In this article I illustrate how this answer contrasts with the moral and political principle of justice. The question remains how a conceptual link can be found between a community-based view on legitimacy and a more universal demand for justice. I try to answer this question by offering a close reading of Law’s Empire and other basic essays in Dworkin’s philosophy of law. In my attempt to solve this problem I propose an alternative view on community and legitimacy. In opposition to Dworkin I claim that legitimacy is prior to the community.


Thomas Decreus
Thomas Decreus is PhD student in political philosophy at the KULeuven Institute of Philosophy.
Article

From Uneasy Compromises to Democratic Partnership

The Prospects of Central European Constitutionalism

Journal European Journal of Law Reform, Issue 1 2011
Keywords Central Europe, parliamentarism, freedom of religion, Roma people, discrimination
Authors Gábor Attila Tóth
AbstractAuthor's information

    The Central European constitutional democracies were created by the political and constitutional transition of 1989. However, twenty years later, in the light of antidemocratic, authoritarian and intolerant tendencies, it is far from clear whether the negotiated revolution is a story of success or failure. This paper first outlines the constitutional background of revolutionary transition. It shows that the achieved structures and rules do not prevent political communities from realizing the full promise of democracy. Second, this analysis attempts to explore how the century-old historical circumstances, the social environment, and the commonly failed practice of constitutional institutions interact. This section focuses on the constitutional features of presidential aspirations, the privileges of churches and certain ethnic tensions. Finally, the paper argues that the chances of success of liberal democracies depend significantly on extraconstitutional factors. It seems that Hungary is in a more depressing and dangerous period of its history than for example Poland.


Gábor Attila Tóth
Associate Professor, Faculty of Law, University of Debrecen, former senior adviser, Constitutional Court of Hungary. The author welcomes comments via email: tga818@law.unideb.hu.
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