Naslov
Diskurz a autorita v evropske a postkomunisticke pravni kulture
(Discourse and Authority in European and Post-Communist Legal Culture)

Autori
Rodin, Siniša

Izvornik
Pravnik (0032-6976) 8 (2006), 145; 873-892

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
European union; post-communism; legal culture

Sažetak
Author is starting from a realist position, claiming that reality is constructed and construed socially, through interaction, and that social construction of reality depends on intensity of power that is delivered to the debate. Accordingly, fundamental building blocks of the European constitution will reflect positions of the most authorative actors, but will not necessarily be identical to those positions. Elements of communist political and legal heritage still persist in post-communist culture and may contribute to shaping of European constitutionalism. In this paper I will first give some thaught on pluralist-realist count in an attempt to explain how political and/or legal reality depend on a qualified agreement between discourse participants. I will further proceed with highlighting some funamental differences in understanding constitutionalism and law in former communist as opposed to long time liberal democratic Member States. These differences I will claim, have their origin in different development and social function of authority and discourse in communist and liberal democratic states. Finally, I will elaborate that unity of and loyalty to the European constitutional framework, in the European Union of 25 and soon 28 or more Member States, can be secured only by discoursive construction of meaning of its basic building blocs in which authority of institutional actors will play a dominant, although not an exclusive role.

Izvorni jezik
Cze

Znanstvena područja
Pravo

Napomena
Riječ je o prijevodu na Češki jezik članka koji je objavljen u Croatian Yearbook of European Law and Policy, Vol. 1 (2005)

POVEZANOST RADA