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Considerations on Condition of Constitutional Law and Theory of State

Publication at Faculty of Law |
2017

Abstract

The article contributes to the delimitation of the reach and state of the discipline of constitutional law and theory of state (Staatslehre). The author outlines the intensity of interconnections between constitutional law and politics, which influences the methodological approach to constitutional law.

He also points to two traditional parts of constitutional law, the organic one and the other connected to the human rights, and draws attention to the growing constitutionalization of social relations and its impacts. In the last part the author refers to the representative issues of contemporary constitutional law discipline and focuses in detail on human rights (hegemony) and courts (far-reaching judicialization).