THE SPIRIT OF THE LAWS AND CONSTRUCTIVISM
Keywords:
constructivism, rule of law, harmonization, arbitrariness, evolutive approachAbstract
Requested „harmonization of the laws“ of the EU member candidates produced great difficulties in their applications. The proccess of the making new laws is a long proccess and consists mostly in the codifications of customs and practices thar are considered just. But in the case of harmonizations the whole process was turned upside down: the laws of western countries have been copied mechanically, although the kife conditions in Eastern Europe are very different. Therefore, most of them become inapplicable in real practice: the consequence is that it created chaos in many fields of life, and many obstructions of law without proper punishment. All that produced more arbitrariness, instability and criminalization of society, which is very hard to heal and overcome.
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