Abstract: The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental…

Abstract The doctrine of an unconstitutional constitutional amendment is considered a special, controversial topic of constitutional law theory. In recent years, several books have been written and published on this topic. The author points out that in the last twenty years he has not significantly changed his view of this…

Open Political Science | Volume 4: Issue 1 Political alternatives for constitutional democracy: between utopia, pandemic and dystopia Andraž Teršek 1 1 Faculty of Education & Faculty of Humanities, University of Primorska and European Faculty of Law, New University, Ljubljana, Slovenia DOI: https://doi.org/10.1515/openps-2021-0006 | Published online: 22 Nov 2020 Available…

In this short essay, I will do three things. Firstly, I will repeat the constitutional interpretation of the central and therefore very important constitutional concept, which has already been repeated several times. I will do this for two reasons. First, because a correct understanding of this concept is directly related…

Introduction It is worth repeating this at the beginning. Social-liberal constitutional democracy is based on fundamental principles and rules, which are moral and normative in nature and therefore represent a value. We can speak of a social-liberal constitutional democracy as a value, especially if we understand the CONSTITUTION to be…

Trigger: the reading of some Internet "verbiage." When politicians and passionate, thoughtless daily-political "fans" mention the word "trust" in daily politics, this is - in view of the characteristics of modern daily (party) politics - expected and understandable. But when the word "trust" is used in relation to daily (party)…

Assoc. prof. dr. Andraž Teršek THE STATE OF AFFAIRS Everything I do, or not do, regarding the law and communicating the law in public, is founded with the best possible intentions. In undisputed bona fide manner. Sometimes my fellow professors and legal scholars/theoreticians and me, who belong to the generation…

Foundational Model of Constitutional Democracy ArticlesJune 18, 2020 Introduction Models of constitutional democracy do matter! By “models” I especially refer to the distinction between monistic, dualistic and foundational models of constitutional democracy (as described in Bruce Ackerman’s book: We the People 1. Foundations.  1992). Different models of constitutional democracy established…

By Andraž Teršek Pain as freedom of choice. Right to the event. To transcendence. Event as freedom of self-realization. On the concert (or better, on a philosophical-artistic performance, non-institutionalized artistic-musical Mass, musical-dramaturgical transcendence and finally the genuine ethics of pure (Aristotelian) politics as physical, thinking and feeling participation in the…