Az amerikai alkotmány politikai filozófiája és jogelmélete

Takács, Albert: Az amerikai alkotmány politikai filozófiája és jogelmélete. Acta Universitatis Szegediensis : forum : acta juridica et politica, (8) 2. pp. 385-426. (2018)

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Abstract

The constitution is not merely a bunch of letters thrown together to make a text. Rather, it is the reification of certain elements of human thinking and culture. One cannot consider it or relate to it in abstraction from the closed facts of the past or from the open possibilities of the future. The extraordinary character of the American Constitution is due to its unique connections tying it to long traditions of political thinking, resulting in an exceptional example of theoretical acuteness. The manifestation of this acuity is the Federalist Papers that can rightly demand for itself constitutional commentaries of the highest quality. For the Federalist ponders not the letters, but the spirit of the American Constitution. Without understanding this spirit, it is impossible for one to think or act constitutionally; one can only behave as a technocrat of power. The authors of the Federalist Papers – Hamilton, Madison and Jay – were certain that no political community could survive without power, but they also understood clearly that every power needs to be constrained by constitutional means and personal ambition. It’s not enough to keep the different branches of government separate from each other, power has to be divided among those exercising it. The idea of the separation of powers has been present in political thinking since antiquity but its practically applicable method, the principle of checks and balances, was worked out by the designers of the American Constitution. Although this study is devoted to the theoretical background and complexities of the Constitution, it also aims to show that in answering the constitutional questions of our age the great achievements of intellectual history are still relevant. Plato, Aristotle, Locke, and Montesquieu are our contemporaries as well as our teachers and so are the authors of the Constitution of whom we are not taller, but standing on their shoulders we can see farther.

Item Type: Article
Other title: The political philosophy and legal theory of the American constitution
Journal or Publication Title: Acta Universitatis Szegediensis : forum : acta juridica et politica
Date: 2018
Volume: 8
Number: 2
Page Range: pp. 385-426
ISSN: 2063-2525
Uncontrolled Keywords: Alkotmányosság - USA
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Date Deposited: 2019. Jul. 23. 12:59
Last Modified: 2019. Jul. 23. 12:59
URI: http://acta.bibl.u-szeged.hu/id/eprint/61959

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