By Professor Dr. Thomas Fleiner, Professor Dr. Lidija R. Basta Fleiner (auth.)
After international conflict II, states remodeled into ‘collective fortresses’ with the intention to shield competing ideological structures. the talk on post-modern statehood seriously outfitted on ideological disputes among liberalism and communism, over the character of the industrial and social method, and the nation and govt that may maintain one of these process. what's an ‘ideologically appropriate’ state-concept; which initiatives and fu- tions may still the kingdom fulfil, and the way to valid not just democratic, but additionally authoritarian or even totalitarian regimes? those questions have been on the very centre of kingdom idea. even though, after the autumn of communism in Europe and the previous Soviet Union, the discourse of country and executive scholarship noticeably replaced. the necessity for a profound shift within the kingdom paradigm was once rising. The time after 1989 appeared to proclaim that the geographical region had misplaced its raison d’être as an island of undisputed and limitless sovereignty. A globalised international order broke open the ‘fortress nation’ that built in the culture of ecu constitutionalism. Given the simultaneous structural alterations to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ all started paving the best way in the direction of a brand new nation paradigm, and never simply with reference to the states within the technique of de- cratic transformation from socialist into liberal constitutional democracies.
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Additional resources for Constitutional Democracy in a Multicultural and Globalised World: English translation from the German 3rd revised edition “Allgemeine Staatslehre” by Katy Le Roy
Its historical development and also the development of the continental European idea of the state under law (Rechtsstaat) is subject of the fourth chapter. State and mafia? Out of the foregoing catalogue of questions arises another question: What is the essence and nature of the state? What conditions must be fulfilled in order to define a community of human beings as a state that can claim to be sovereign and to exert sovereign rights? What distinguishes a state-people from an ethnic people or an autochthonous minority, from aboriginal peoples or from nomads such as the Bedouins, the Tuareg or the Sinti and Roma?
States that can claim legitimacy in the eyes of the international community will not have to fear that their internal or external legitimacy will be questioned. 1 The Questions of the Theory of State Traditional Questions of the Theory of State What is the state? The theory of state was developed on the European continent. It tried to provide answers to questions related to the development of European states into secularised, democratic republican nation-states. Naturally the theory of state needed to inquire into the purpose, function and the position of states.
Within their social and emotional existence however human beings still feel deeply insecure. They seek security and identity within the local province. Globalisation thus is only a trend of the moment. In fact it is tempered and complemented by the need for local security, local values and local autonomy. Instead of speaking of globalisation we should therefore speak of ‘glocalisation’. The result of glocalisation is a tendency towards even greater decentralisation. The World Bank and the IMF grant assistance only to states that provide for a realistic program of decentralisation.