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Keywords: hibridne grožnje, hibridno vojskovanje, nacionalna varnost, diplomsko delo
Published in ReVIS: 18.06.2025; Views: 63; Downloads: 5
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Abstract: The article examines the viability and the desirability of the use of constitutional grammar on the global plane. It asks whether global constitutionalism is a viable and/or desirable concept that should be theoretically (and later practically) invested in to know and to understand better the phenomenon of global law as well as, potentially, to come up with normatively advantageous outcomes. The argument is broken down into three parts. The first conceptual part contains a study of the conventional meaning of constitutionalism and global law. This is followed by an examination of the descriptive, explanatory and normative fit between the two phenomena. The final part passes a verdict on the viability and desirability question. It is argued that constitutionalism is only a part of the grammar of global law, its morphology, while principled legal pluralism acts as its syntax.
Published in ReVIS: 18.06.2025; Views: 59; Downloads: 1
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Abstract: While the Kadi affair has attracted a lot of attention, this Article approaches it from a rarely used contextual theoretical perspective of resolving instituti onal conflicts through reflexive sincere cooperation. The argument is short and simple: The institutional relationship between the EU judiciary and the UN Security Council should have been conducted not in strategic-pragmatic terms motivated by institutional power-plays, but rather by genuine pluralist institutional cooperation. The argument is preceded by an in-depth analysis of the theoretical and concrete practical shortcomings stemming f rom the lack of institutional cooperation between the UN and the EU in the Kadi affair. Thes e shortcomings were not inevitable, as the EU and the UN legal and political system s are already connected with a whole set of bridging mechanisms. These should be, however , strengthened and their use should be made more common. In order to achieve that, the A rticle suggests an amendment to the Statute of the Court of Justice of the EU and further improvement of the safeguards in the UN Security Council sanctioning mechani sms procedures. There is no dilemma: Enhanced institutional cooperation between the institutio ns of the two systems will work to their mutual advantage as well as, most imp ortantly, maintain the rights and liberties of individuals like Kadi
Published in ReVIS: 18.06.2025; Views: 66; Downloads: 1
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Abstract: This article puts in the centre the increasingly notable discrepancy between constitutional democracy as a form and its actual practice in Central Europe, with a particular focus on Slovenia. It does so by following Martin Krygier who has long insisted with regard to the rule of law that "we would do well to explore [...] the sociology of the rule of law." As he has noted, "this is a social science that does not quite yet exist". As a result, especially lawyers have satisfied themselves with studying the rule of law in conceptual terms, limiting themselves to drawing a laundry list of formal requirements that an ideal concept of the rule of law should meet here and there, indeed everywhere. What has been too often neglected, however, by academics and institutional actors alike, is a social dimension of the rule of law. The formal legal-institutional architecture of the rule of law has too often ignored the broader social context, wherein, rather than in the legal institutions themselves, lies "a great deal that matters most to whether law can rule." The same conclusion as to the rule of law can be applied to a wider notion of constitutional democracy. Lest we are left with a partial, superficial or even flawed understanding of the concept, our focus must be centred on the constitutive social considerations of constitutional democracy. The latter's sociological dimension shall not remain outside legal theory, as it has been too often the case so far. To prevent that this article explores the following question: what is it in the Central European societies, such as Hungary, Poland and Slovenia, that inhibits the formal infrastructure of constitutional democracy to deliver its intended effects in practice? In pursuit of the answers, the article will be broken down into three parts. First, we are going to explain the concept of constitutional democracy as it has developed both in the Slovenian constitutional practice and in theory. Having passed the conceptual threshold, the next part will outline the main elements of the sociology of constitutional democracy, as applied to the Slovenian case. Of course, due to the space constraints the discussion will be necessarily schematic and will be used to respond to the main research question of this article, which boils to the identification of the main social factors that hinder the actual emergence of constitutional democracy in Slovenia. Finally, the article will close down with some normative proposals for improving the state of constitutional democracy in Central Europe in the not so distant future.
Published in ReVIS: 18.06.2025; Views: 65; Downloads: 1
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Abstract: The article presents a conceptual framework and empirical methodology of an on-going research on the role of ideology in the decisions of the Slovenian Constitution Court. The literature review demonstrates that research on judicial ideology in the courts of European countries and international courts is still rare. This can be explained by conceptual, methodological and empirical challenges posed by this type of research. The article hence advances a conceptual framework which is, contra to the mainstream theoretical approach in the field, based on a multidimensional conception of ideology that is empirically operationalised along the economic, social and authoritarian dimensions with five possible ideological positions on each dimension. By applying the newly developed methodology to a sample of Courts decisions, it is demonstrated that this methodological approach is able to account for ideological differences between judges. This confirms that (judges) ideology is a complex multidimensional set of values and convictions that cannot be reduced to simply equating ideology with (possible) political affiliations.
Keywords: judicial ideology, multidimensional methodology, constitutional Court of the Republic of Slovenia, objectivist concept of law
Published in ReVIS: 18.06.2025; Views: 88; Downloads: 1
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