Projects / Programmes
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S115 |
Social sciences |
Philosophy and theory of law |
democracy, law, politics, rule of law, human rights, legitimacy, legality, constitution, statute, judicial decision-making, constitutional review, autonomy of law, direct democracy, referendum
Researchers (6)
Organisations (1)
Abstract
The research project will focus on the basic aspects of the relation between law and democracy. A discussion of these issues has a special relevance for young democratic states such as Slovenia. Within this framework the role and significance of certain aspects of law, and the related questions of legitimacy and legality of democratic politics and law, will be emphasised.
Democracy is closely ("organically") related to the institutions of the rule of law. In a democratic order, politics and law must constitute a partnership with mutual mechanisms of initiative and control. This also means that law in a democracy must maintain its relative autonomy, as manifested in specific legal values and procedures. From this point of view, one must discover mutual influences between law and politics in constitutional, legislative and judicial decision-making procedures and finally in the processes of direct democratic decision-making (e.g. constitutional or legislative referendum). In addition, the relation between law and politics in democratic processes in autonomous (e.g. local) communities needs to be studied and evaluated, as well as their significance for the entire democratic order in a state. Within these parameters, attention will also be paid to several other questions that have a crucial significance for a balanced development of the rule of law and democracy. These are, in particular, questions concerning the basic principles of a democratic state and the rule of law, human rights, the relation between different branches of government, the nature of legislative, judicial and constitutional decisions etc.
Special attention will be paid, inter alia, to the issue of responsiveness of law to contemporary democratic processes. Regarding this it is necessary to evaluate - in principle and generally, as well as from a practical and applied point of view - the role of (Slovenian) law in relation to current developmental demands of the political sphere. Law must, on one hand, maintain a certain degree of conservative attitude and prevent excessive legal and political visionarism, while on the other, it must sufficiently quickly respond in substance to positive developmental needs of a democracy. In certain cases, law may itself encourage social development, where limits and conditions for such a role of law must be defined. Finally, it needs to be stressed that one of the main aims of the research is also to present and affirm further the significance of law and its key actors for democratic society.
