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The Rule of Law: A Slogan in Search of a Concept 法治:寻找概念的口号
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-06-03 DOI: 10.1007/s40803-024-00224-5
Martin Loughlin

Regularly invoked but rarely defined, ‘the rule of law’ has over the last few decades been converted from a legal term of art into one of the most ambiguous slogans of contemporary public policy. Political scientists claim it as a crucial test of a regime’s legitimacy. Economists maintain that it provides an essential foundation of a flourishing market economy. Philosophers suggest it captures the essence of the state as a moral association. Historians acknowledge that, even if they might distrust such an abstract notion, the imposition of effective inhibitions on power is an ‘unqualified human good’. And lawyers, of course, have treated it as the foundation of their discipline ever since the mid-thirteenth century when Bracton asserted that ‘there is no rex where will rules rather than lex’. Those who extend its usage beyond the confines of professional legal discourse commonly give it a positive valence. But the rule of law also has its detractors. These critics assert that it promotes purely formal, individualistic values at the expense of substantive justice, or that it is a smokescreen preventing us from seeing the impact of recent global developments that signal the rule of lawyers. Some anthropologists even denounce it as an imperial ideology that legitimates European conquest and the plunder of the rest of the world. But given the fact that almost every state in the world now claims to act in compliance with the rule of law, these critics seem to have done little to dent its appeal. Yet, the sheer range of views and perspectives that now exist about the meaning, purpose, and value of the rule of law considerably complicates any inquiry into its current standing. In this paper, I will try to bring some clarity to the issue by providing a sketch of the main varieties of ways in which the term is being invoked. The paper comprises five sections, which each address a specific aspect of the term’s usage: (1) its coinage in English law, (2) the adoption of a superficially similar terminology in the German concept of the Rechtsstaat, (3) the jurisprudential innovations that complicate its meaning, and finally its most recent invocation (4) first in development work and (5) secondly in constitutional rejuvenation.

过去几十年来,"法治 "从一个法律术语变成了当代公共政策中最含糊不清的口号之一。政治学家认为,法治是对政权合法性的重要检验。经济学家认为,它为繁荣的市场经济提供了重要基础。哲学家认为,它抓住了国家作为道德团体的本质。历史学家承认,即使他们可能不信任这样一个抽象的概念,但对权力施加有效的约束是一种 "无条件的人类之善"。当然,自 13 世纪中叶布雷克顿断言 "在以意志而不是以法律为准则的地方,就不存在权力 "以来,律师们就一直将其视为其学科的基础。那些将其用法扩展到专业法律话语范围之外的人通常赋予其积极的意义。但法治也有其诋毁者。这些批评者认为,法治倡导的是纯粹的形式主义、个人主义价值观,以牺牲实质正义为代价,或者说法治是一个烟幕,使我们无法看到近期全球发展所带来的影响,而这些发展正是律师法治的标志。一些人类学家甚至谴责它是一种帝国意识形态,使欧洲征服和掠夺世界其他地区的行为合法化。但是,鉴于现在世界上几乎每个国家都声称自己的行为符合法治,这些批评者似乎并没有削弱法治的吸引力。然而,目前关于法治的意义、目的和价值的观点和视角范围之广,使得对其当前地位的任何探究都变得相当复杂。在本文中,我将试图通过概述人们引用法治一词的主要方式,来澄清这一问题。本文由五个部分组成,每个部分讨论该术语使用的一个具体方面:(1)该词在英国法中的出现,(2)德国宪法概念中采用的表面上相似的术语,(3)使其含义复杂化的法学创新,以及最后(4)该词最近在发展工作中的引用和(5)在宪法复兴中的引用。
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引用次数: 0
From Liberal Democracy to Illiberal Populist Autocracy: Possible Reasons for Hungary’s Autocratization 从自由民主到非自由的民粹主义专制:匈牙利专制化的可能原因
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-28 DOI: 10.1007/s40803-024-00231-6
Gábor Halmai

The paper looks for the main reasons of how was the Hungarian government of the Fidesz Party lead by Prime Minister Viktor Orbán able to within 13 years undermine the independent checks on their power so that it could convert what had looked like a stable but imperfect democracy into an autocracy? After listing the most obvious reasons the paper looks particularly at, how much is the way of a mostly elite-driven democratic transition using the tools of ‚legal constitutionalism‘and ‚undemocratic liberalism‘without real historical traditions of a liberal democratic constitutional culture and with the regionally determined value system is to blame. This also leads to the question, how to allocate the responsibility for the backsliding between the elites and the citizens, influenced and often manipulated by the leaders.

本文探讨了匈牙利总理维克托-欧尔班(Viktor Orbán)领导的菲德斯党(Fidesz)政府如何在 13 年内破坏对其权力的独立制衡,从而将看似稳定但并不完善的民主制度转变为专制制度的主要原因?在列举了最显而易见的原因之后,本文特别探讨了在没有真正的自由民主宪政文化历史传统的情况下,利用 "法律宪政主义 "和 "非民主的自由主义 "工具进行的主要由精英推动的民主过渡,以及由地区决定的价值体系在多大程度上是咎由自取。这也引出了一个问题:如何在精英和公民之间分配倒退的责任?
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引用次数: 0
Reinforcing Institutional Power: The Discourse of Normalcy in European Union Governance 强化制度权力:欧盟治理中的常态话语
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-28 DOI: 10.1007/s40803-024-00232-5
Petr Agha

This paper examines the notion of normalcy within the discourse of the European Union (EU), with a focus on its response to transformative dynamics and challenges, especially post-2008. I analyse how the EU, facing diminishing ideological supremacy, has reinforced its institutional power through the framework of normalcy. By emphasizing constitutionalisation and integration through legal means, bodies such as the European Court of Justice (ECJ) have expanded their roles, promoting "integration through law" to counter alternative political projects invariably labelled as populist, thereby giving rise to anti-populism as a discursive tool. Drawing on crisis discourse and diagnostic practice, this paper explores how normalcy legitimises and perpetuates existing power structures within EU governance, subtly coercing member states and citizens into accepting its norms and values, thus shaping perceptions of normalcy and also inevitability. At the core of this framework lies the rule of law (RoL), which establishes legal boundaries in the first place, but in the same move shapes political contexts.

My paper argues that the exclusive focus on legalistic interpretations obscures the underlying structural factors perpetuating power dynamics and economic disparities among member states, constraining adaptive responses. I examine the narrative of "growing up to democracy" and its impact on the European project discourse, particularly in Central and Eastern European (CEE) countries. I then scrutinise the roles of experts and the “juristocracy” in reinforcing this narrative while simultaneously masking underlying inequalities and power differentials. Furthermore, the paper explores the strategic deployment of language and discourse by EU institutions during crises, highlighting their implications for public understanding, political action, and outcomes. Finally, it investigates the EU's strategic use of crisis discourse and diagnostic practices, focusing particularly on the ascendancy of the judiciary, but also highlighting how this trajectory may also have negative influence of legislative and executive bodies as their role diminishes in the process.

本文探讨了欧盟(EU)话语中的 "常态 "概念,重点关注欧盟对变革动态和挑战的回应,尤其是 2008 年后的回应。我分析了欧盟是如何在意识形态至高无上地位日渐式微的情况下,通过 "常态 "框架强化其制度权力的。通过强调宪政化和通过法律手段实现一体化,欧洲法院(ECJ)等机构扩大了自己的作用,促进 "通过法律实现一体化",以对抗被无情地贴上民粹主义标签的另类政治项目,从而催生了作为一种话语工具的反民粹主义。本文以危机话语和诊断实践为基础,探讨了正常状态如何使欧盟治理中的现有权力结构合法化并使之永久化,如何巧妙地胁迫成员国和公民接受其规范和价值观,从而塑造正常状态以及不可避免性的观念。这一框架的核心是法治(RoL),它首先确立了法律界限,但同时也塑造了政治环境。我的论文认为,只关注法律解释掩盖了导致成员国之间权力动态和经济差距长期存在的潜在结构性因素,从而限制了适应性反应。我研究了 "成长为民主国家 "的叙事及其对欧洲项目论述的影响,尤其是在中欧和东欧(CEE)国家。然后,我仔细研究了专家和 "法学家 "在强化这种说法的同时掩盖潜在的不平等和权力差异方面所起的作用。此外,本文还探讨了欧盟机构在危机期间对语言和话语的战略部署,强调了它们对公众理解、政治行动和结果的影响。最后,本文调查了欧盟对危机话语和诊断实践的战略性使用,尤其关注司法机构的地位提升,但也强调了这一轨迹如何也会对立法和行政机构产生负面影响,因为它们在这一过程中的作用正在减弱。
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引用次数: 0
Preserving the Rule of Law Through Transnational Soft Law: The Cooperation and Verification Mechanism 通过跨国软法律维护法治:合作与核查机制
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-08 DOI: 10.1007/s40803-024-00222-7
Oana Ștefan

This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the ‘periphery’ proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and practical effects (Snyder 1993, 64) have been considered inappropriate by the literature in dealing with the regulation of values in EU law. However, a closer look at the career of soft law issued for Romania under the Cooperation and Verification Mechanism appears to suggest a more nuanced picture. Whilst time is not yet ripe for a full assessment of the effectiveness of the tools, there are signs that show that the reports issued by the Commission within the Cooperation and Verification Mechanism process have had an influence in fostering change. They did so by catalysing litigation and, as a result, informing and fuelling an institutional dialogue on the rule of law at the transnational level.

这篇论文反映了软法律文书在解决法治危机中的作用,这是与本特刊高度相关的一个话题。事实上,欧盟 15 国向 "边缘地区 "的扩张也是通过软法律文书进行的,因为软法律文书被认为在监督方面具有更大的灵活性。软法律--或没有法律约束力但可能具有法律和实际效果的行为规则(Snyder,1993 年,64)--被文献认为不适合欧盟法律中对价值观的规范。然而,仔细观察根据合作与核查机制为罗马尼亚发布的软法律,似乎会发现一个更微妙的情况。尽管对这些工具的有效性进行全面评估的时机尚未成熟,但有迹象表明,欧盟委员会在合作与核查机制进程中发布的报告对促进变革产生了影响。这些报告催化了诉讼,从而为跨国法治机构对话提供了信息和动力。
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引用次数: 0
Quick Fix Solutions-Anticorruption as Core/Peripheral Modality of the ‘Rule of Law’ 速效解决方案--作为 "法治 "核心/外围模式的反腐败
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-06 DOI: 10.1007/s40803-024-00220-9
Bogdan Iancu

Anticorruption has become the fulcrum of conditionalities for unstable democracies. In the EU, antigraft packages formed the common denominator of stabilization policies for Romania, Bulgaria, the Western Balkans, Moldova, and Ukraine. Union conditionalities trailed broader international trends and campaigns. The shift led to a crescendo of institutional innovations. Discursively, it generated a degree of conceptual overlap: anticorruption, for peripheral stabilization purposes, equates with the rule of law. I argue that the exclusive stress on anticorruption as a panacea for the (semi)periphery is fraught with perplexities. Paradoxically, in systems that can be reliably described as corrupt, the policy has a propensity to be derailed from its ostensible purposes. This danger results partly from categorial tensions between RoL normativity, on the one hand, and, on the other, the ethical purism and policy quantification inextricably linked with anticorruption. In the context of peripheral crusades, tendencies towards legal instrumentalism and populist emotionalism are exponentially higher than in stable jurisdictions. Consequently, unidirectional attempts to stabilize such systems by way of repressive anticorruption backfire. Likelier results are instability or forms of stability that might not correspond to central, received understandings of how a rule of law liberal-democratic system should operate. By the same token, in the integrated transnational constitutional system located at the intersection of EU and Council of Europe guarantees, “reverse conformities” tend to upset core tenets and representations of the rule of law. The paper argues that anticorruption policies, albeit eminently useful, should be fettered by rule of law constraints, not equated with the notion of the rule of law.

反腐败已成为不稳定民主政体附加条件的支点。在欧盟,反贪污一揽子计划是罗马尼亚、保加利亚、西巴尔干地区、摩尔多瓦和乌克兰稳定政策的共同点。欧盟的条件追随着更广泛的国际趋势和运动。这一转变带来了制度创新的高潮。在话语上,它产生了一定程度的概念重叠:出于外围稳定的目的,反腐败等同于法治。我认为,一味强调反腐是解决(半)外围问题的灵丹妙药充满了困惑。矛盾的是,在可以被可靠地描述为腐败的制度中,反腐政策容易偏离其表面目的。这种危险部分源于《罗马法律》规范性与反腐不可分割地联系在一起的道德纯粹性和政策量化之间的分类紧张关系。在外围讨伐的背景下,法律工具主义和民粹情感主义的倾向要比稳定的司法管辖区高出数倍。因此,通过压制性反腐来稳定这种制度的单向尝试会适得其反。更糟糕的结果是不稳定或不符合人们对自由民主法治体系运作方式的核心理解的稳定形式。同样,在位于欧盟和欧洲委员会保障交汇处的一体化跨国宪法体系中,"反向顺应 "往往会破坏法治的核心原则和表述。本文认为,反腐政策尽管非常有用,但应受到法治约束的束缚,而不应等同于法治概念。
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引用次数: 0
EU Enlargement Policy Goes East: Historical and Comparative Takes on the EU’s Rule of Law Conditionality vis-à-vis Ukraine 欧盟扩大政策走向东方:欧盟对乌克兰的法治条件的历史和比较分析
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-06 DOI: 10.1007/s40803-024-00223-6
Maryna Rabinovych

The article discusses a unique case of the EU’s application of rule of law conditionality vis-à-vis Ukraine, while the latter is in active war with Russia. It is demonstrated that the EU utilized momentum, created by the confluence of the invasion and Ukraine’s EU candidateship, to apply ambitious rule of law conditionality in its relations with Ukraine. Despite the unique strategic and political context, the conditionality is path-dependent, strongly relying on the achievements and outstanding tasks of the EU’s pre-war rule of law promotion in Ukraine. Also, both the design and substance of EU conditionality vis-à-vis Ukraine strongly resemble the one the EU applied vis-à-vis Western Balkans. This concerns specifically the contents of conditionality, focusing on building effective anticorruption institutions and judicial reform. Current geostrategic pressures have not yet led to major changes in the philosophy behind the enlargement process or the EU’s framing of the rule of law concept. Yet, changes to be underscored include the EU’s focus on specific benchmarks within pre-defined realms and strong alignment between political and financial instruments.

文章讨论了欧盟对乌克兰适用法治条件的一个独特案例,当时乌克兰正与俄罗斯交战。文章表明,欧盟利用入侵和乌克兰成为欧盟候选国这两件事共同造成的势头,在其与乌克兰的关系中采用了雄心勃勃的法治条件。尽管存在独特的战略和政治背景,但这一条件是路径依赖性的,强烈依赖于欧盟战前在乌克兰促进法治的成就和杰出任务。此外,欧盟对乌克兰附加条件的设计和实质内容都与欧盟对西巴尔干地区适用的条件极为相似。这具体涉及到附加条件的内容,重点是建立有效的反腐机构和司法改革。目前的地缘战略压力尚未导致欧盟扩大进程背后的理念或欧盟对法治概念的框架发生重大变化。然而,需要强调的变化包括欧盟对预定领域内具体基准的关注,以及政治和金融工具之间的有力协调。
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引用次数: 0
Courts and Populist Electoral Politics – the Case of Hungary 法院与民粹主义选举政治--匈牙利案例
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-06 DOI: 10.1007/s40803-024-00218-3
János Mécs

Elections are devices, through which the abstract concept of representation gains its specified institutional form, therefore they are highly relevant for populists. The paper examines the illiberal-populist project of redesigning the legal framework of elections in Hungary after 2010, focusing on the role of the Hungarian Constitutional Court (HCC) in reviewing electoral law as well as interacting with the ordinary courts through electoral adjudication. It is argued that although a distinct ‘populist imagination’ (Müller) of elections is discernible, there is no special populist electoral politics, rather the ‘inherent authoritarianism of democracy’ (Pildes) is exacerbated. In Hungary the electoral legislation was shrewdly tailored to the governmental parties’ needs, and electoral politics is constantly subjected to instrumental changes. It is argued that although apex courts could be key players in checking electoral manipulation, the HCC did not protect effectively the integrity of electoral law, and at a later stage it even intervened in an arbitrary and arguably politically biased manner. The paper argues that the Hungarian example underscores the need for enhanced court activism in terms of electoral law, especially when populists already came to power.

选举是一种手段,抽象的代表权概念通过选举获得了具体的制度形式,因此选举与民粹主义者密切相关。本文探讨了 2010 年后匈牙利重新设计选举法律框架的非自由主义-民粹主义项目,重点关注匈牙利宪法法院(HCC)在审查选举法以及通过选举裁决与普通法院互动方面的作用。文章认为,虽然选举中明显存在 "民粹主义想象"(Müller),但并不存在特殊的民粹主义选举政治,相反,"民主固有的威权主义"(Pildes)被加剧了。在匈牙利,选举立法是根据政府政党的需要精明定制的,选举政治不断受到工具性变化的影响。本文认为,虽然最高法院可以成为遏制选举操纵的关键角色,但匈牙利中央法院并没有有效保护选举法的完整性,甚至在后期以一种武断和带有政治偏见的方式进行干预。本文认为,匈牙利的例子强调了加强法院在选举法方面的积极性的必要性,尤其是在民粹主义者已经上台执政的情况下。
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引用次数: 0
The Special Procedures of the UN Human Rights Council and the Catalan Secession Process 联合国人权理事会特别程序与加泰罗尼亚分离进程
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-02 DOI: 10.1007/s40803-024-00215-6
Patricia Arias B.

The Special Procedures of the Human Rights Council fulfil their mandates by performing certain tasks as independent experts, with the responsibility to investigate human rights situations wherever they occur. They are required to take measures to monitor and respond quickly to allegations of human rights violations on behalf of the international community. Catalonia’s pro-sovereignty process and the referendum held there on 1 October 2017 – despite having been declared illegal and suspended by Spain’s Constitutional Court – had several judicial consequences, including trials, arrests and detentions. As a result, several sources submitted information to certain Special Procedures for them to communicate to the government of Spain their allegations of violations of the human rights of persons subject to judicial persecution. The Spanish government responded to each of these communications, consistently noting that the allegations referred to judicial actions ordered within the framework of the Spanish Constitution and laws, in accordance with Spain’s status as a democratic state governed by the rule of law.

人权理事会特别程序作为独立专家履行其职责,负责调查任何地方发生的人权状况。他们必须采取措施,代表国际社会监测侵犯人权的指控并迅速做出反应。加泰罗尼亚支持主权的进程和2017年10月1日在当地举行的公投--尽管西班牙宪法法院已宣布其非法并暂停--产生了一些司法后果,包括审判、逮捕和拘留。因此,一些消息来源向某些特别程序提交了信息,以便他们向西班牙政府转达他们对受到司法迫害的人的人权受到侵犯的指控。西班牙政府对每一份来文都做出了答复,并始终指出,这些指控涉及的是在西班牙《宪法》和法律框架内,根据西班牙作为一个民主法治国家的地位而下令采取的司法行动。
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引用次数: 0
Militant Rule of Law and Not-so-Bad Law 好战的法治和不太坏的法律
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-05-02 DOI: 10.1007/s40803-024-00221-8
András Sajó

The article provides intellectual arguments and tools from legal dogmatics that can help to counter the rule of law backlash. It argues that resilience can be boosted by a systemic militant rule of law approach. When it comes to restoring the rule of law, legal theory turns to the Radbruch formula (supra-statutory law). This approach remains contested by lawyers who are convinced – following the tradition of positivist legal theory – that invoking this formula is unacceptable because it violates a fundamental requirement of the rule of law, namely that of legality. Irrespective of the value of this concern, Radbruch’s formula is not applicable to the current demise of the rule of law, as the law resulting from cheating and abuse in illiberal regimes does not result in evil law (though it may facilitate such developments). Instead of evil law, we face not-so-bad law. Legal imperfections exist in every legal system, and militant rule of law necessitates the systemic revision of these shortcomings in order to preempt the abuses of an anti-formalistic populist regime. In illiberal regimes, the self-corrective mechanisms of the rule of law are gradually eliminated, but the name of the game remains the rule of law. It means that judges still have (some) power to counter the backlash using extant interpretive techniques (for a while). This article will begin by introducing the concept of not-so-bad (NSB) law as an imperfection of the rule of law. In Part Two, the validity of NSB laws is discussed by relying on the source theory. It argues that even if validity is a matter of conformity to the source, the source can be understood to contain a legal merit component as determined by the rule of law, and falling short on this legal merit component can constitute a ground for declaring the norm’s invalid. Part Three describes the abuses of the rule of law in illiberal democracies and describes how the NSB law of illiberal regimes does not satisfy the validity requirements of legal positivism. Part Four discusses the opportunities open to judges for resisting or undoing NSB law using existing techniques of legal interpretation and without violating rule of law principles.

文章从法律教义学的角度提供了有助于应对法治反弹的知识论据和工具。文章认为,系统的激进法治方法可以增强复原力。说到恢复法治,法律理论转向了拉德布鲁赫公式(超成文法)。这种方法仍然受到律师们的质疑,他们深信,按照实证主义法律理论的传统,援引这一公式是不可接受的,因为它违反了法治的基本要求,即合法性。不管这种担忧是否有价值,拉德布鲁赫的公式并不适用于当前法治的消亡,因为在不自由的政权中,欺骗和滥用所导致的法律并不会造成恶法(尽管它可能会促进这种发展)。我们面对的不是恶法,而是不那么坏的法律。每个法律体系都存在法律缺陷,而激进的法治必须对这些缺陷进行系统的修正,以防止反形式主义的民粹主义政权的滥用。在非自由主义政权中,法治的自我纠正机制会逐渐消失,但游戏的名称仍然是法治。这意味着法官仍(在一定程度上)有能力(暂时)利用现有的解释技术来对抗反弹。本文将首先介绍 "不坏法(NSB)"这一概念,它是法治的一种缺陷。在第二部分中,本文将依托渊源理论讨论 NSB 法律的有效性。它认为,即使有效性是一个是否符合法源的问题,法源也可以被理解为包含由法治所决定的法律价值成分,而在这一法律价值成分上的不足可以构成宣布规范无效的理由。第三部分描述了非自由民主政体对法治的滥用,并说明了非自由政体的 NSB 法律如何不符合法律实证主义的有效性要求。第四部分讨论了法官可以利用现有的法律解释技术,在不违反法治原则的情况下抵制或废除非国家行为规范法律的机会。
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引用次数: 0
Spain as a Democratic State Governed by the Rule of Law and the Catalan Secessionist Process 西班牙作为民主法治国家与加泰罗尼亚分离主义进程
IF 2.2 2区 社会学 Q1 LAW Pub Date : 2024-04-02 DOI: 10.1007/s40803-024-00207-6
Juan María Bilbao Ubillos

This work begins by recalling the characteristic features of the political system and model of territorial division of power established in the 1978 Spanish Constitution after a complicated but successful process of transition to democracy. Spain was constituted as a politically decentralized, social and democratic state governed by the rule of law, a compromise solution between the centralist tradition and the demands of peripheral nationalisms. Although this original formula has been progressively deployed with clearly positive results, it has come under threat from the challenge posed by the secessionist forces in Catalonia and the Basque Country, seriously endangering coexistence. In this regard, the work first analyses the Ibarretxe Plan, the confederal proposal of the president of the Basque government approved in 2004 by the Basque Parliament and rejected by the lower house of the Spanish Parliament. It then examines the most relevant sequences of the secessionist process that has unfolded in Catalonia over the last decade and which culminated in October 2017 in an illegal referendum and the unilateral declaration of independence approved by the regional parliament. It also analyses the response of Spanish institutions to attempts at constitutional rupture and its possible impact on the democratic quality of Spain and its reputation as a state governed by the rule of law.

这部著作首先回顾了 1978 年《西班牙宪法》在经历了复杂但成功的民主过渡进程后所确立的政治体制和领土权力划分模式的特点。西班牙是一个政治分权的社会民主法治国家,是中央集权传统与外围民族主义要求之间的折中方案。虽然这一最初的方案已逐步实施并取得了明显的积极成果,但它也受到了加泰罗尼亚和巴斯克地区分离主义势力的挑战,严重危及了共存。为此,作品首先分析了《伊巴雷特计划》(Ibarretxe Plan),该计划是巴斯克政府主席提出的邦联提案,于 2004 年获得巴斯克议会批准,但被西班牙议会下院否决。然后,研究了过去十年间在加泰罗尼亚展开的分离主义进程的最相关序列,该进程最终于 2017 年 10 月以非法公投和地区议会批准单方面宣布独立而告终。报告还分析了西班牙机构对破坏宪法的企图的反应,及其对西班牙民主质量及其作为法治国家的声誉可能产生的影响。
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引用次数: 0
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