The opinion so widespread today, that Europe is not a state but needs a constitution, is a recent one, at least to the extent that the concept of constitution includes that of democratic legitimation - a criterion that the White Paper, too, adopts in referring to the Union's "double democratic mandate" p 7 in order then to present the "principles of good governance" as democratic, rule of law principles that ought to apply more at all levels of government p The legitimation problem often called the "democracy deficit" has, however, concerned legal science more or less from the outset.
German European law was able to take up from them when, very early and in a conceptual stringency hardly to be expected in a legal system with a less problematic past, it responded to the question of how Europe could be possible as a "sovereignty association" [ Herrschaftsverband ] 12 standing above the law of the Member States.
These justifications were not uniform - and are illuminating because of their very differences. Three of them appear in the title of this essay; two of them - ordo- liberalism and functionalism - have become important brand-names in German European-law thinking; a third discredited itself - something one also ought to know, and not forget. Its theoretical core is known as ordo -liberalism.
This was the context for the emergence of the ordo -liberal demand for a "strong" state, which was to impose, without political inhibitions, an ordo intrinsic to economic life and, admittedly, in need of protection. The ordo- liberal quest for a strong authority is not, however, to be equated with the "strong state" that Carl Schmitt had, in one sense, identified and, in another sense, called for in his famous speech, 16 which National Socialism soon went on to stage.
Schmitt's strong state claimed the political primacy of politics over the economy - and, to the promoters of this idea, the quest for a rule-bound order of the economy was unacceptable. It was this very core idea that lent ordo -liberalism significance in the formative stage first of the Federal Republic and then of the European Economic Community.
Domestically, the economic constitution was set alongside the political constitution, so as to protect the market economy against discretionary political encroachments. The ordo -liberal theory has a twofold factual and normative status. Its statements about the regulatory pattern of the economy refer to economic processes, institutional conceptions, and economic policy programmes; its promises of prosperity are meant empirically, but conditioned upon the actual establishment of the institutional framework that ordo -liberalism postulates.
My Jewish Discovery
Such a construct can scarcely be embarrassed by practical experience; since political practice will always act according to its own logic and never perfectly comply with ordo -liberal quests, the theorist will always have reason to blame the political system and can never be falsified. Yet, the relationship between theory and practice is not quite so unambiguous. German politics is a case in point. It has continually displayed officious respect for the guiding ideas, conceptions and institutionalisations in the ordo -liberal sense; on the other hand, it has equally displayed complacency when continuing to practice the "organised economy" tradition.
The institutionalisation of both patterns, of ordo -inspired economic law on the one hand, and discretionary economic policy on the other, cannot be reconciled theoretically; in practical terms, however, this "antithesis and contradiction", 23 proved to be perfectly sustainable, as the successful economic history of the young Federal Republic undoubtedly proves.
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Gábor Hamza - Development of Private Law in Europe - Erasmus Course - Outline, reading materials
Privatrecht International Sale of Goods in the Conflict of Laws. Koop in het internationaal privaatrecht.
Einheitliches Kaufgesetz und internationales Privatrecht. Umowa sprzedazy w handlu miedzynarodowym Contrat de vente dans le commerce international. Konwencje haskie dotyczace sprzedazy miedzynarodowej Conventions de La Haye sur la vente internationale. Measures for unifying the rules on choice of law. Ujednolicenie norm kolizyjnych dotyczacych sprzedazy przez Konferencje miedzynarodowego prawa prywatnego w Hadze.
- JOURNAL ON EUROPEAN HISTORY OF LAW.
- My Jewish Discovery – Yom Rishon School;
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- COMO IMPLANTAR Y EVALUAR UN SISTEMA DE CONTROL DE GESTION (Spanish Edition).
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De Conventies voor eenvormig internationaal kooprecht en het internationaal privaatrecht. Das internationale Privatrecht des Warenkaufs in der deutschen Rechtssprechung. A comparative study. New conflict rules respecting international sales of goods.
Index - - The Modern Law Review - Wiley Online Library
Collection of Studies on Foreign and Comp. Un nuovo progresso di studi. Entwicklung und materieller Gehalt der Haager Kaufrechtskonvention von Selected Problems in Private International Law particularly transfer of property. Utenriksdepartementet St. Het Verdrag van 15 juni over internationale koopcontracten I en II.
Related Wege der Entwicklung des Privatrechts in Europa (German Edition)
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