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Marius Nicolae BALAN: Considerations on the evolutions of the theories of the „Rechtsstaat”

Abstract: Despite its many reconsiderations and redefinitions triggered by political events and legal developments in the last century, the concept of the „Rechtstaat” continues to maintain its relevance for the present-day constitutional and legal order. Both the issues raised by every major author on this field, and the solutions he recommended and substantiated emanate from a particular age of intellectual history and therefore by no means exhaust the theoretical incentive and practical usefulness of such an open and plurivalent concept. As long as the primary concern of constitutionalism consists in limiting of State power and guaranteeing of individual liberties, the relevance of the „Rechtstaat”-doctrine remains unaffected, although new and ingenious challenges and fierce contestations will constantly emerge, and the concrete institutions and procedures for fulfilling the Rechtstaat’s desiderata will continuously need thorough reviewing and adaptation. Besides, the very idea of the „Rechtstaat” does neither offer nor recommend concrete political solutions for specific issues in an democratic political process; it only produces the medium in which different or even opposite political, economic, social and cultural  views, interests and projects can freely encounter and confront each other.

Keywords: „Rechtstaat”, exigencies of; legal theory;  constitutionalism; totalitarian threat.


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