In this work I shall analyze and critically examine the case number 1348, direct action of uncons... more In this work I shall analyze and critically examine the case number 1348, direct action of unconstitutionality regarding the subject of Privatization of State Bank, brought up in front of the Federal Supreme Court of Brazil (Supremo Tribunal Federal) by the governor of the State of Rio de Janeiro. Court decided and granted interim measure on this matter in October 1995, which in 2008 the plenum of Federal Supreme Court (FSC) unanimously upheld and granted the permanent measure. My theoretical background will be the articles of professors Marcus Faro de Castro and César Rodriguez Garavito, which are focused on modern constitutional law, social and political tendencies in South America and implementation and influence of global ROL approaches and neoconstitutional and neoliberal projects. Later on I'll present my own critical standpoint regarding this case on the base of approaches of these authors and also, look upon the views of John Locke and Immanuel Kant as a way to give more fulfilling critical stand point.
Importance of the changes which occurred in Chile and Yugoslavia and brought democracies will not... more Importance of the changes which occurred in Chile and Yugoslavia and brought democracies will not be put under the question. However, this work will critically look upon the ways these changes were conducted. The goal of this work is that through this critique help understanding better present day situation in these societies and also to give a perspective which are the consequences, positive and negative, of this way of change of political system. After closer examination of historical background of establishment of autocracy systems and their constitutions, I shall give a detail analyze of three conditions of democracy: the separation and balance of power, independence of judiciary and A pluralist system of political parties and organizations. These conditions will be used as a way to analyze political-legal framework of the countries before they went toward democracy and how the constitutional base was used by regimes. Toward the conclusion of the work it will be presented how did the changes of the orders happen and what did that brought to new established systems. Conclusion will be that for the political-legal system which went through this transition is better, for the sake of future stability of the system, to be build from its beginning on foundation of new constitution.
Importance and the influence of the Habermas’ theory presented in Between facts and norms will no... more Importance and the influence of the Habermas’ theory presented in Between facts and norms will not be put under question however this article will try to profoundly analyze it and present some of the critics as a way of giving more objective perspective of Habermas’ approach. In first part this article will specially deal with authors view on Moral through reflection on his previous works on this subject, especially development of Discourse ethics. Further through the work tensions between morality and law will be presented and their relation in modern societies so we can define the main subject of this paper, modern legal system better. In the second part we will deal with issues of relation of democracy and law. It will be presented through focus on legitimacy it’s relation with democracy as well as model of Deliberative democracy. This paper contains also, view of Derrida as alternative to Habermas’ notion on co-originality. Also, we will deliberate about interesting relation within norms and values and their application in praxis and critic on Habermas’ view which came from Alexy. In conclusion we will try to give summery review of the most important points of the part of Habermas’ theory this article presented.
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Abstract
Jacques Derrida is one of the most controversial philosophers of late 20th and beginni... more 3 Abstract Jacques Derrida is one of the most controversial philosophers of late 20th and beginning of 21st century. He earned this title not only because of his views upon the various topics he dealt with in his work, but also due his general approach toward philosophy. Derrida’s critical approach developed within deconstruction, ideas which have been both praised and criticized. Some of various critical positions refer to the inability of Derrida’s theory to be applied upon concrete problems. These standings have been inspirational. In order to question them, this research is based upon idea of applying Derrida’s idea on concrete problems. Therefore, the politico-legal context of Bosnia and Herzegovina is chosen as a case study. This is done due to several factors, including the complexity of the issues, their universality and actuality. Throughout this work, theory is intertwined with concrete problems. In many cases it highlights some deeper issues and it is able to give some deeper inside upon the problems. However, the main characteristic this work is able to show is that ideas and concepts developed by Jacques Derrida are more than useful when they are applied upon the issues existing in Bosnia and Herzegovina’s political and legal reality.
In this work I shall analyze and critically examine the case number 1348, direct action of uncons... more In this work I shall analyze and critically examine the case number 1348, direct action of unconstitutionality regarding the subject of Privatization of State Bank, brought up in front of the Federal Supreme Court of Brazil (Supremo Tribunal Federal) by the governor of the State of Rio de Janeiro. Court decided and granted interim measure on this matter in October 1995, which in 2008 the plenum of Federal Supreme Court (FSC) unanimously upheld and granted the permanent measure. My theoretical background will be the articles of professors Marcus Faro de Castro and César Rodriguez Garavito, which are focused on modern constitutional law, social and political tendencies in South America and implementation and influence of global ROL approaches and neoconstitutional and neoliberal projects. Later on I'll present my own critical standpoint regarding this case on the base of approaches of these authors and also, look upon the views of John Locke and Immanuel Kant as a way to give more fulfilling critical stand point.
Importance of the changes which occurred in Chile and Yugoslavia and brought democracies will not... more Importance of the changes which occurred in Chile and Yugoslavia and brought democracies will not be put under the question. However, this work will critically look upon the ways these changes were conducted. The goal of this work is that through this critique help understanding better present day situation in these societies and also to give a perspective which are the consequences, positive and negative, of this way of change of political system. After closer examination of historical background of establishment of autocracy systems and their constitutions, I shall give a detail analyze of three conditions of democracy: the separation and balance of power, independence of judiciary and A pluralist system of political parties and organizations. These conditions will be used as a way to analyze political-legal framework of the countries before they went toward democracy and how the constitutional base was used by regimes. Toward the conclusion of the work it will be presented how did the changes of the orders happen and what did that brought to new established systems. Conclusion will be that for the political-legal system which went through this transition is better, for the sake of future stability of the system, to be build from its beginning on foundation of new constitution.
Importance and the influence of the Habermas’ theory presented in Between facts and norms will no... more Importance and the influence of the Habermas’ theory presented in Between facts and norms will not be put under question however this article will try to profoundly analyze it and present some of the critics as a way of giving more objective perspective of Habermas’ approach. In first part this article will specially deal with authors view on Moral through reflection on his previous works on this subject, especially development of Discourse ethics. Further through the work tensions between morality and law will be presented and their relation in modern societies so we can define the main subject of this paper, modern legal system better. In the second part we will deal with issues of relation of democracy and law. It will be presented through focus on legitimacy it’s relation with democracy as well as model of Deliberative democracy. This paper contains also, view of Derrida as alternative to Habermas’ notion on co-originality. Also, we will deliberate about interesting relation within norms and values and their application in praxis and critic on Habermas’ view which came from Alexy. In conclusion we will try to give summery review of the most important points of the part of Habermas’ theory this article presented.
3
Abstract
Jacques Derrida is one of the most controversial philosophers of late 20th and beginni... more 3 Abstract Jacques Derrida is one of the most controversial philosophers of late 20th and beginning of 21st century. He earned this title not only because of his views upon the various topics he dealt with in his work, but also due his general approach toward philosophy. Derrida’s critical approach developed within deconstruction, ideas which have been both praised and criticized. Some of various critical positions refer to the inability of Derrida’s theory to be applied upon concrete problems. These standings have been inspirational. In order to question them, this research is based upon idea of applying Derrida’s idea on concrete problems. Therefore, the politico-legal context of Bosnia and Herzegovina is chosen as a case study. This is done due to several factors, including the complexity of the issues, their universality and actuality. Throughout this work, theory is intertwined with concrete problems. In many cases it highlights some deeper issues and it is able to give some deeper inside upon the problems. However, the main characteristic this work is able to show is that ideas and concepts developed by Jacques Derrida are more than useful when they are applied upon the issues existing in Bosnia and Herzegovina’s political and legal reality.
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Abstract
Jacques Derrida is one of the most controversial philosophers of late 20th and beginning of 21st century. He earned this title not only because of his views upon the various topics he dealt with in his work, but also due his general approach toward philosophy. Derrida’s critical approach developed within deconstruction, ideas which have been both praised and criticized. Some of various critical positions refer to the inability of Derrida’s theory to be applied upon concrete problems. These standings have been inspirational. In order to question them, this research is based upon idea of applying Derrida’s idea on concrete problems. Therefore, the politico-legal context of Bosnia and Herzegovina is chosen as a case study. This is done due to several factors, including the complexity of the issues, their universality and actuality. Throughout this work, theory is intertwined with concrete problems. In many cases it highlights some deeper issues and it is able to give some deeper inside upon the problems. However, the main characteristic this work is able to show is that ideas and concepts developed by Jacques Derrida are more than useful when they are applied upon the issues existing in Bosnia and Herzegovina’s political and legal reality.
Abstract
Jacques Derrida is one of the most controversial philosophers of late 20th and beginning of 21st century. He earned this title not only because of his views upon the various topics he dealt with in his work, but also due his general approach toward philosophy. Derrida’s critical approach developed within deconstruction, ideas which have been both praised and criticized. Some of various critical positions refer to the inability of Derrida’s theory to be applied upon concrete problems. These standings have been inspirational. In order to question them, this research is based upon idea of applying Derrida’s idea on concrete problems. Therefore, the politico-legal context of Bosnia and Herzegovina is chosen as a case study. This is done due to several factors, including the complexity of the issues, their universality and actuality. Throughout this work, theory is intertwined with concrete problems. In many cases it highlights some deeper issues and it is able to give some deeper inside upon the problems. However, the main characteristic this work is able to show is that ideas and concepts developed by Jacques Derrida are more than useful when they are applied upon the issues existing in Bosnia and Herzegovina’s political and legal reality.