Abstract The aim of the paper is twofold - to cover the latest nuclear energy politics events and reveal the dynamics in public perception of nuclear energy by explaining the distribution of attitudes among two notable social groups in Lithuania. The paper is based on two empirical research studies (public polls) carried out in 2013 and 2017. The paper consists of four parts. starts with brief review of main happenings in recent nuclear politics and general tendencies public perception of nuclear energy. Then, it presents cluster analysis of both 2013 and 2017 polls, in which respondents were divided into two groups based on income, education and occupation. Lastly, the paper presents findings and discusses the dynamics of public perception. Comparing the 2017 data with the results of 2013, three main tendencies can be distinguished. First, society became better informed and more critical. Second, the cluster analysis divided respondents in two almost identical groups as in 2013 (with minor peculiarities). Third, the general tendency presupposes the breaking of the irrelevance of nuclear energy as an important factor for energy security in public perception.
{"title":"Switching Political Nuclear Energy Preferences, Changing Public Attitude","authors":"Dainius Genys, R. Krikštolaitis","doi":"10.1515/bjlp-2017-0018","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0018","url":null,"abstract":"Abstract The aim of the paper is twofold - to cover the latest nuclear energy politics events and reveal the dynamics in public perception of nuclear energy by explaining the distribution of attitudes among two notable social groups in Lithuania. The paper is based on two empirical research studies (public polls) carried out in 2013 and 2017. The paper consists of four parts. starts with brief review of main happenings in recent nuclear politics and general tendencies public perception of nuclear energy. Then, it presents cluster analysis of both 2013 and 2017 polls, in which respondents were divided into two groups based on income, education and occupation. Lastly, the paper presents findings and discusses the dynamics of public perception. Comparing the 2017 data with the results of 2013, three main tendencies can be distinguished. First, society became better informed and more critical. Second, the cluster analysis divided respondents in two almost identical groups as in 2013 (with minor peculiarities). Third, the general tendency presupposes the breaking of the irrelevance of nuclear energy as an important factor for energy security in public perception.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"225 - 243"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46041241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The aim of this interdisciplinary paper is to study the social reality surrounding the data processing practices employers and employees engage in on social networking sites (SNS). Considering the lack of empirical studies, as well as the considerable uncertainty in the way personal data protection is implemented across the European Union (EU), the paper offers insights on the topic. Qualitative text analysis of semi-structured interviews with employers from the service sector (N=10) and the field of media and communication (N=15), as well as employers from organisations which had experienced various problems due to things their employees had posted on social media (N=14), and employees from the financial sector (N=15) were carried out to explore whether the data protection principles, which can be viewed as the most important guidelines for employers in the EU, are actually followed in their everyday SNS data processing practices. Even though the data protection principles emphasise the need for fair, purposeful, transparent, minimal and accurate processing of personal data, our interviews with employers and employees reveal that the actual SNS processing practices rarely live up to the standards. Our findings indicate that there is a growing mismatch between the social reality and legal requirements regarding data subjects.
{"title":"Employers as Nightmare Readers: An Analysis of Ethical and Legal Concerns Regarding Employer-Employee Practices on SNS","authors":"Seili Suder, A. Siibak","doi":"10.1515/bjlp-2017-0013","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0013","url":null,"abstract":"Abstract The aim of this interdisciplinary paper is to study the social reality surrounding the data processing practices employers and employees engage in on social networking sites (SNS). Considering the lack of empirical studies, as well as the considerable uncertainty in the way personal data protection is implemented across the European Union (EU), the paper offers insights on the topic. Qualitative text analysis of semi-structured interviews with employers from the service sector (N=10) and the field of media and communication (N=15), as well as employers from organisations which had experienced various problems due to things their employees had posted on social media (N=14), and employees from the financial sector (N=15) were carried out to explore whether the data protection principles, which can be viewed as the most important guidelines for employers in the EU, are actually followed in their everyday SNS data processing practices. Even though the data protection principles emphasise the need for fair, purposeful, transparent, minimal and accurate processing of personal data, our interviews with employers and employees reveal that the actual SNS processing practices rarely live up to the standards. Our findings indicate that there is a growing mismatch between the social reality and legal requirements regarding data subjects.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"106 - 76"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46817575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The occupation of Crimea and war in Eastern Ukraine brought minority issues to the top of the Baltic security agenda. Although experts estimate that a separatist scenario for Lithuania, Latvia and Estonia is not probable, the issue of national minorities has already been included into the security concept as a potential source of danger to stability and national identity. While there is need to analyze political risks in the Baltics, the concept of securitization will be applied to the topic of national minorities. This paper addresses the problem of national minorities’ political integration and loyalty to the state. For the empirical analysis, the paper will use secondary data of surveys conducted in 2014-2017, exposing opinions and beliefs of minorities in the Baltic States referring to their domestic and foreign policies, NATO, Ukrainian crisis and relations with Russia. As a result, the concluding suggestion is made that more attention should be paid to political cohesion and minority policy management: 1) to optimize the minority development; 2) to predict potential risks in the region, and 3) to prevent further threats from Russia.
{"title":"The Securitization of National Minorities in the Baltic States","authors":"Aleksandra Kuczyńska-Zonik","doi":"10.1515/bjlp-2017-0011","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0011","url":null,"abstract":"Abstract The occupation of Crimea and war in Eastern Ukraine brought minority issues to the top of the Baltic security agenda. Although experts estimate that a separatist scenario for Lithuania, Latvia and Estonia is not probable, the issue of national minorities has already been included into the security concept as a potential source of danger to stability and national identity. While there is need to analyze political risks in the Baltics, the concept of securitization will be applied to the topic of national minorities. This paper addresses the problem of national minorities’ political integration and loyalty to the state. For the empirical analysis, the paper will use secondary data of surveys conducted in 2014-2017, exposing opinions and beliefs of minorities in the Baltic States referring to their domestic and foreign policies, NATO, Ukrainian crisis and relations with Russia. As a result, the concluding suggestion is made that more attention should be paid to political cohesion and minority policy management: 1) to optimize the minority development; 2) to predict potential risks in the region, and 3) to prevent further threats from Russia.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"26 - 45"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/bjlp-2017-0011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45591009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.
{"title":"Cyber Attacks, Information Attacks, and Postmodern Warfare","authors":"J. Valuch, T. Gábriš, Ondrej Hamuľák","doi":"10.1515/bjlp-2017-0003","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0003","url":null,"abstract":"Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"63 - 89"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/bjlp-2017-0003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41826558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article examines problems of parole application in Lithuania. The research applies a qualitative study in order to learn the peculiarities of the work and decision-making of judges and parole boards. Additionally, this study analyzes social research reports, filled out by staff in correctional facilities. This study covers as many factors influencing parole application as possible, and takes into account the peculiarities of the particular parole stages. Conclusions of this study should help theorists and practitioners see parole application from the point of view of judges and parole board members. Moreover, this work should encourage dialogue between judges, prison staff and community members not only in Lithuania, but, also in other countries.
{"title":"Factors that Influence Parole Boards’ and Judges’ Decisions on Parole Application in Lithuania","authors":"Ilona Michailovič, Liubovė Jarutienė","doi":"10.1515/bjlp-2017-0009","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0009","url":null,"abstract":"Abstract This article examines problems of parole application in Lithuania. The research applies a qualitative study in order to learn the peculiarities of the work and decision-making of judges and parole boards. Additionally, this study analyzes social research reports, filled out by staff in correctional facilities. This study covers as many factors influencing parole application as possible, and takes into account the peculiarities of the particular parole stages. Conclusions of this study should help theorists and practitioners see parole application from the point of view of judges and parole board members. Moreover, this work should encourage dialogue between judges, prison staff and community members not only in Lithuania, but, also in other countries.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"230 - 259"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49196388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
{"title":"The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation","authors":"Mindaugas Šimonis","doi":"10.1515/BJLP-2017-0004","DOIUrl":"https://doi.org/10.1515/BJLP-2017-0004","url":null,"abstract":"Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"123 - 90"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45655956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In Belarus the state systematically hinders the development of civil society. NGOs have difficulties registering, functioning and sustaining their organisations. Some individuals related to the civil sector are persecuted, fined, imprisoned. Therefore a number of NGOs are registered abroad and civil society activists move with them to continue their work on Belarusian issues. In this article we aim to define people who left Belarus in order to work for Belarus as Belarusian Political Nomads, using the notion of transnational subjectivity to explore their migration strategies. The article is based on 15 semi-structured interviews held in London (UK) and Vilnius (LT). Interviews were analysed using the concepts of transnational subjectivities and political nomadism, and combining elements from a critical events narrative analysis approach. People who left Belarus to work for Belarus are Belarusian Political Nomads, because they create new democratic development visions for Belarus. Their individual political motivation can stem from the critical events that were registered in this research as turning points. Informants, individual conditions, histories and life experiences influence the outcomes of these events in terms of interpretation and induced motivation to engage in civil society activities. Belarusian Political Nomads form their migration strategies on the basis of their transnational subjectivities, which can be characterised by temporal and symbolic relations to the receiving country, and long-term intensive dissociative relations to the sending countries’ political regime, as well as a strong relationship to the new visions of Belarus.
{"title":"Non-Territorial Spaces of Belarusian Political Nomadism","authors":"Viktorija Rusinaitė","doi":"10.1515/bjlp-2017-0006","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0006","url":null,"abstract":"Abstract In Belarus the state systematically hinders the development of civil society. NGOs have difficulties registering, functioning and sustaining their organisations. Some individuals related to the civil sector are persecuted, fined, imprisoned. Therefore a number of NGOs are registered abroad and civil society activists move with them to continue their work on Belarusian issues. In this article we aim to define people who left Belarus in order to work for Belarus as Belarusian Political Nomads, using the notion of transnational subjectivity to explore their migration strategies. The article is based on 15 semi-structured interviews held in London (UK) and Vilnius (LT). Interviews were analysed using the concepts of transnational subjectivities and political nomadism, and combining elements from a critical events narrative analysis approach. People who left Belarus to work for Belarus are Belarusian Political Nomads, because they create new democratic development visions for Belarus. Their individual political motivation can stem from the critical events that were registered in this research as turning points. Informants, individual conditions, histories and life experiences influence the outcomes of these events in terms of interpretation and induced motivation to engage in civil society activities. Belarusian Political Nomads form their migration strategies on the basis of their transnational subjectivities, which can be characterised by temporal and symbolic relations to the receiving country, and long-term intensive dissociative relations to the sending countries’ political regime, as well as a strong relationship to the new visions of Belarus.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"156 - 182"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42158250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract One of the key principles of EU Competition law is a prohibition of the abuse of a dominant position established in the Article 102 of the TFEU. Predatory pricing is one of the forms of the abuse of dominant position. To decide whether the dominant undertaking has referred to predatory pricing it is necessary to check several elements: costs and prices of the dominant undertaking; the possibility to recoup losses; intent; and objective justifications. The Court of Justice, the European Commission and competition institutions in most member states perform extensive analysis of a relationship between costs and prices of a dominant undertaking while dealing with cases on predatory pricing. However, we believe that competition authorities should pay more attention to evaluation and to whether pricing will cause elimination of competitors and damage to consumers. This article critically reviews the framework of the analysis of predatory pricing in the practice of the Court of Justice and the European Commission.
{"title":"Predatory Pricing: A Framework for Analysis","authors":"Raimundas Moisejevas","doi":"10.1515/bjlp-2017-0005","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0005","url":null,"abstract":"Abstract One of the key principles of EU Competition law is a prohibition of the abuse of a dominant position established in the Article 102 of the TFEU. Predatory pricing is one of the forms of the abuse of dominant position. To decide whether the dominant undertaking has referred to predatory pricing it is necessary to check several elements: costs and prices of the dominant undertaking; the possibility to recoup losses; intent; and objective justifications. The Court of Justice, the European Commission and competition institutions in most member states perform extensive analysis of a relationship between costs and prices of a dominant undertaking while dealing with cases on predatory pricing. However, we believe that competition authorities should pay more attention to evaluation and to whether pricing will cause elimination of competitors and damage to consumers. This article critically reviews the framework of the analysis of predatory pricing in the practice of the Court of Justice and the European Commission.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"124 - 155"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/bjlp-2017-0005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45027685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The definition of the word ‘bullying’ diverges based on the field of practice and research, in the absence of an agreed-upon overreaching definition. The latter would allow maximum flexibility in contributing to the variations in findings of various academic studies. Some argue that the lack of comprehensive definition is a factor of inaccuracy in estimating the prevalence of bullying itself. The ‘definition’ per se [of bullying] is in general recognized by the state law of the United States as one of the key components of any policy adopted by the states and local educational agencies, and which is required to be consistent with the definitions specified in state law. This article presents an overview of the definitions of bullying beyond the legal sphere in general as well as from a legal perspective. Special focus is dedicated to the state laws of the US as the main national jurisdiction that has adopted education law that contains explicit definition of bullying, as well as some of the aspects of defining bullying within the general and legal context of Lithuanian jurisdiction.
{"title":"The Definition of Bullying in Compulsory Education: From a General to a Legal Perspective","authors":"Agnė Margevičiūtė","doi":"10.1515/bjlp-2017-0008","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0008","url":null,"abstract":"Abstract The definition of the word ‘bullying’ diverges based on the field of practice and research, in the absence of an agreed-upon overreaching definition. The latter would allow maximum flexibility in contributing to the variations in findings of various academic studies. Some argue that the lack of comprehensive definition is a factor of inaccuracy in estimating the prevalence of bullying itself. The ‘definition’ per se [of bullying] is in general recognized by the state law of the United States as one of the key components of any policy adopted by the states and local educational agencies, and which is required to be consistent with the definitions specified in state law. This article presents an overview of the definitions of bullying beyond the legal sphere in general as well as from a legal perspective. Special focus is dedicated to the state laws of the US as the main national jurisdiction that has adopted education law that contains explicit definition of bullying, as well as some of the aspects of defining bullying within the general and legal context of Lithuanian jurisdiction.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"205 - 229"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/bjlp-2017-0008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49237478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak’s legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.
{"title":"Aharon Barak’s Legal Ideology in the Context of European Constitutionalism","authors":"Jolanta Bieliauskaitė, Vytautas Šlapkauskas","doi":"10.1515/bjlp-2017-0007","DOIUrl":"https://doi.org/10.1515/bjlp-2017-0007","url":null,"abstract":"Abstract The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support. The article demonstrates that the neoliberal way of thinking that prevails in contemporary Europe does not meet the spirit of the constitutionalism of the EU Member States; the article introduces some aspects of Aharon Barak’s legal ideology that could be relevant for the formation and development of European demos and constitutionalism. In order to achieve this aim, the research is focused on issues that emerge in the area of three main pillars of constitutionalism: (1) adherence to the rule of law, (2) limited and accountable government, and (3) protection of fundamental human rights.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"183 - 204"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/bjlp-2017-0007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44043548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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