engleski

Constitutional engineering in new states of South-East Europe 1990.-2010. – clausula rebus sic stantibus

After the symbolic fall of the Berlin Wall (1989), the collapse of the constitutional choice ideology and reality (West-East) remained the only option: ideology - liberal capitalism with constitutional institutional design - where human rights and fundamental freedoms are "inalienable" and legitimate authority should serve their achievement on the principle of "checks and balances." It is therefore not surprising that the constitutions of post-communist countries choose identical constitutional design, abandoning the semantic constitutions, while darfting constitutions that are of the nominal range realization, in the hope that it will "win" the attribution of normative (Loewenstein). The crucial appiriance of this time is the so-called contamination. With the inaugural effect, and the negation of everything that came before, without the negation of negation (renegation). Today - twenty years after the circumstances have significiant changed (clausula rebus sic) in terms of corporate capitalism ("wild capitalism"), dominated by an oligarchy of illegitimate operators, where democracy is completely ignored. We believe that this is a consequence of neglecting the necessity of mutual cooperation and control of all relevant entities of the state and society (constitutional theory and praxis). Therefore, it is more correct to think Democracy vs. Capitalism with the autopoietic vs. alopoietic approach .

capitalism; liberalism; efficiency; democracy; constitutional engineering

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