A Grammar of Constitutionalism: Part II: The Silence of God, or The Ghost of the Common Good?

This book is devoted to the analysis of the origins and mechanisms of building the State – a symbol of a surprising growth of the human population despite the imperfect biological nature. It is written at the intersection of several disciplines. The demagogy of universal human rights today has placed the world on the brink of nuclear war. Standalone, not bound to anything, moral norms are paradoxically established beyond the specific framing jurisdictions of specific political cultures, and are used to establish the responsibility of the carriers of these particular jurisdictions and specific political cultures themselves, i.e. of the States. Does a man on a desert island have the natural right to the social security? The man himself needs neither the right to life, nor the freedom of conscience, nor the freedom of speech, as any right of any man makes sense only in interaction with another man. All these are principles of relations with their own kind, i.e. of relations in a group, and the understanding of group rights may vary, and such a group as "mankind" will arise only after the invasion of aliens. CHAPTER III Sovereignty of the Nation-State § 1. Vitae Necisque Potestas § 2. Limited Unlimitedness § 3. ‘We, the People...’ § 4. Sacrisque Omnibus Prolatis § 5. Novus Ordo Seclorum § 6. A Riddle Wrapped in a Mystery Inside an Enigma § 7. Se Nоn é Vero, é Ben Trovato § 8. The Identity of the State: the Demystification of the Concept § 9. Potestas Indirecta CHAPTER IV Constitution of the Nation-State § 1. Temporality of the Constitution § 2. Temporal Imperialism? § 3. Vincula Quibus Constitutae § 4. Birth of the Constitution § 5. Teleology of the Constitution § 6. Constitutional Regimes of Ownership § 7. Constitutional Engineering § 8. Checks and Balances? § 9. Quis Custodiet Ipsos Custodes? § 10. Constitutional Identity and Multiculturalism § 11. Dignitas INSTEAD OF A CONCLUSION: Bonnum Commune Communitatis Notes Bibliography Index 1 3 34 65 101 122 155 187 216 240 269 272 295 318 345 376 403 428 462 482 503 527 559 613 655 769 This book was written as one of the attempts in search of answers to the eternal questions, still not answered to the end: why some forms of the arrangement of the state are suitable for some people and not suitable for others? Do you know what Uganda, Fiji, Guyana, Nigeria, Sri Lanka, the Philippines and Indonesia have in common? After the end of colonial rule, they all chose the classical Westminster model of parliamentary republic, hoping to put an end to the corruption and authoritarianism. However, all of them abandoned this form of government shortly, as it got much worse. And simultaneously, are there universals applicable to all states? What is the common thing through which no nation can transcend the very nature of man? And this is by no means the Universal Declaration of Human Rights ...