Table Of ContentA GrAmmAr of ConstitutionAlism
shahin maharram oglu aliyev was born
in Baku city in the Azerbaijan ssr (ussr) in
1960. in 1978 he entered the law faculty of the
tashkent state university, graduating with
honors in 1983. in the same year he entered the
postgraduate course of the All-Union Scientific
research institute of soviet legislation and
state Building of the ministry of Justice of the ussr (moscow). in
1987 he completed his PhD in Law (scientific adviser, doctor of law,
Professor mikhail Gavrilovich Kirichenko). He is the author of the
following monographs: National-State Interests in the USSR (1989),
National-State Interests and Separation of Powers (1992), Institute
of Presidency (1996), Scientific and Practical Commentary on the
Constitution of the Republic of Azerbaijan (2000), and Grammar of
Constitutionalism (2016).
A GrAmmAr of
ConstitutionAlism
Part i: Enchantment of Plato,
or Ghost of universality
sHAHin m. AliYEV
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A GrAmmAr of
ConstitutionAlism
Part i: Enchantment of Plato,
or Ghost of universality
Contents
INTRODUCTION 1
CHAPTER I. Wholeness of Constitutionalism 11
§ 1. Human Deficiency 12
§ 2. Genetic determinism? 35
§ 3. Quod Homo Perficiatur… 58
§ 4. Eidos vs. Eidolon 81
§ 5. Human nature 116
§ 6. Justice and law 161
§ 7. Justice or law? 202
§ 8. ideology matrix 232
§ 9. mimesis of Constitutionalism 263
§ 10. Eidos of Constitutionalism:
Constitutionalism as a sum of technologies 289
CHAPTER II. Wholeness of the nation-state? 327
§ 1. Group Stratification 328
§ 2. normativists and instrumentalists 368
§ 3. Engineering of nation-state 403
§ 4. the Case of the European union 425
§ 5. Specifics of Azerbaijan 453
§ 6. Exo-socialization 478
§ 7. Color Est e Pluribus unus 502
§ 8. Blut und Boden 531
§ 9. The Great Identifier 555
notes 585
Bibliography 619
index 725
INTRODUCTION
Aquí os dejo mi alma-libro,
hombre-mundo verdadero.
Cuando vibres todo entero,
soy yo, lector, que en ti vibro.
— miguel de unamuno
Written at intervals for quite a long period of time, this book is by
no means intended to prove anything, despite its title. i wrote it for
myself as one of the attempts, among many already taken by others,
no research outcome of which was understood unequivocally by all,
in search of answers to the eternal questions, still not answered to
the end, the void of unanswerability of which is palpable physically:
how and why was the possibility of the state possible, what makes
it work day after day? Why some forms of its arrangement are
suitable for some people and not suitable for others? How does
potestas absoluta give birth to potestas ordinata? What makes
some states cognate and distinguishes others, and are there any
universals, applicable to all states? 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.
Weakness to ask questions is definitely a natural, almost infantile,
but finding no answers to them, at a very mature age, is bound to
cause a sort of discomfort.
Perhaps, to better understand how to answer these questions,
lawyers should become anthropologists, sociologists and ethicists,
and the latter must be biologists, neurophysiologists, archaeologists,
linguists, experts on Dostoevsky, ancient Greek and medieval Arabic
philosophy experts, shakespearean scholars and art historians. it
would also be helpful if they had at least a nodding acquaintance
with the Book of the Dead, the upanishads, the torah, the new
testament, the Qur’an and Hadiths (as any attempt to understand
the state without theosophy is fatuous), and with the wisdom of
ancient law: the Code of Hammurabi, the laws of the twelve tables,
the Code of Justinian, the shariah law and Gutalag, and if they
knew about the later paradoxical etymology of the concept of qanun
(in Azeri – law as a statute). two thousand years ago, rabbi Hillel
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