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Constitutional Democracy in a Multicultural and Globalised World

  • Book
  • © 2009

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Authors:
  1. Thomas Fleiner

    1. Route de Beaumont 9, Fribourg

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  2. Lidija R. Basta Fleiner

    1. Route de Beaumont 9, Fribourg

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    You can also search for this author in PubMed   Google Scholar

  • A theory of the state of the 21st century, facing the challenges of internal heterogeneity and the pressures of its unprecedented globalized interdependency without giving up democracy and the rule of law

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xxvi
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  2. General Introduction

    Pages 1-29

  3. From the Tribe to the State in a Globalised Environment

    Pages 31-82

  4. The View of Man and the State as the Starting Point of State Theories

    Pages 83-128

  5. Human Rights

    Pages 129-219

  6. Rule of Law

    Pages 221-265

  7. The State as Legal Entity

    Pages 267-351

  8. Theoretical Aspects of the Organisation of the Modern State

    Pages 353-509

  9. The Multicultural State: The Challenge of the Future

    Pages 511-650

  10. Outlook: The Constitutional State at the Threshold of a New Millennium

    Pages 651-663

  11. Back Matter

    Pages 665-670
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About this book

After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Authors and Affiliations

  • Route de Beaumont 9, Fribourg

    Thomas Fleiner, Lidija R. Basta Fleiner

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