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Type of publication: Straipsnis / Article
Author(s): Bieliauskaitė, Jolanta;Šlapkauskas, Vytautas
Title: Aharon Barak’s legal ideology in the context of European constitutionalism
Is part of: Baltic Journal of Law & Politics, 2017 vol. 10, iss. 1, p. 183-204
Date: 2017
Keywords: Constitutionalism;The European Union;Aharon Barak;Rule of law;Human rights;Democracy;Liberalism
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.
Appears in Collections:Baltic Journal of Law & Politics 2017, vol. 10, iss. 1

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