To make “We the People”: Constitutional founding in postwar Japan
... mastery over their own fate. It is often argued that, since there is no single European “people” or demos yet, there can be no constitutional edifice for Europe.2 A similar apprehension seems to underlie the negative assessments of constitutions that have allegedly been “imposed” from the outside. T ...
... mastery over their own fate. It is often argued that, since there is no single European “people” or demos yet, there can be no constitutional edifice for Europe.2 A similar apprehension seems to underlie the negative assessments of constitutions that have allegedly been “imposed” from the outside. T ...
Textualism and Democratic Legitimacy
... anyone can talk about is the coming of a bug-a computer bug. How much will it cost to exterminate this little Year 2000 bug? Only, according to one estimate, about $600 billionl-and that's for the United States alone. Given that I am supposed to be addressing constitutional textualism today, you wil ...
... anyone can talk about is the coming of a bug-a computer bug. How much will it cost to exterminate this little Year 2000 bug? Only, according to one estimate, about $600 billionl-and that's for the United States alone. Given that I am supposed to be addressing constitutional textualism today, you wil ...
what happens if the constitutional treaty is not ratified?
... the referendum is likely to be held in the first half of 2006 – after an anticipated General Election (probably May 2005), after the end of the UK Presidency (second half of 2005), and before the beginning of the World Cup Finals in June 2006.15 Given the passions sometimes bordering on jingoism to ...
... the referendum is likely to be held in the first half of 2006 – after an anticipated General Election (probably May 2005), after the end of the UK Presidency (second half of 2005), and before the beginning of the World Cup Finals in June 2006.15 Given the passions sometimes bordering on jingoism to ...
economic voting and support for constitutional conventions
... approved a very different governing document than that which emerged on the national stage. The Massachusetts Constitution of 1780—written primarily by John Adams—is remarkable for several reasons; chiefly among these was the role voters were expected to play in constitutional politics. This was the ...
... approved a very different governing document than that which emerged on the national stage. The Massachusetts Constitution of 1780—written primarily by John Adams—is remarkable for several reasons; chiefly among these was the role voters were expected to play in constitutional politics. This was the ...
Federalism and Constitutional Entrenchment
... levels of entrenchment, from slight-supermajoritarianism all the way to supposed immutability.6 For purposes of this paper I will usually (but not always) elide one other potentially important distinction concerning entrenchment: between the entrenchment of a constitutional provision and its enforce ...
... levels of entrenchment, from slight-supermajoritarianism all the way to supposed immutability.6 For purposes of this paper I will usually (but not always) elide one other potentially important distinction concerning entrenchment: between the entrenchment of a constitutional provision and its enforce ...
Justice and the Text: Rethinking the Constitutional Relation Between
... it extends to finer points. It is not clear what we gain by an interpretive practice that, for example, leads judges to discuss individual rights in terms of incorporation, due process, and the Framers' intent or to construe congressional power by imaginative definitions of "commerce among the sever ...
... it extends to finer points. It is not clear what we gain by an interpretive practice that, for example, leads judges to discuss individual rights in terms of incorporation, due process, and the Framers' intent or to construe congressional power by imaginative definitions of "commerce among the sever ...
The Politics of Inclusive Agreements: towards a Critical Discourse
... require new laws and any current law could be deemed to be inappropriate under new historical circumstances. But there are other reasons we might have for rethinking legislation in a public discourse. We have grounds for doubting that an actual law best approximates this normative ideal if it can be ...
... require new laws and any current law could be deemed to be inappropriate under new historical circumstances. But there are other reasons we might have for rethinking legislation in a public discourse. We have grounds for doubting that an actual law best approximates this normative ideal if it can be ...
Epistocracy: Conceptual Clarifications.
... depending on which knowers and what kind of knowledge is recognized and valued. Sociologists have for example argued that formal academic degrees and merits are less valued in Scandinavian egalitarian culture than in other European countries such as in France and Germany; if we by knowledge means ac ...
... depending on which knowers and what kind of knowledge is recognized and valued. Sociologists have for example argued that formal academic degrees and merits are less valued in Scandinavian egalitarian culture than in other European countries such as in France and Germany; if we by knowledge means ac ...
Is Patriotism a Virtue
... which is the primary object of their regard; and secondly insofar as their regard for the ideal provides good reasons for allegiance to their country, it provides good reasons for anyone at all to uphold their country's cause, irrespective of their nationality or citizenship. Patriotism by contrast ...
... which is the primary object of their regard; and secondly insofar as their regard for the ideal provides good reasons for allegiance to their country, it provides good reasons for anyone at all to uphold their country's cause, irrespective of their nationality or citizenship. Patriotism by contrast ...
Separation of Powers, Accountability and the role
... mechanism through which government implements its policies, through which markets are created, and regulated, as well as a basis for claims against those who abuse power or fail to meet their legally defined obligations. In many cases this means that it is those with access to resources – the haves ...
... mechanism through which government implements its policies, through which markets are created, and regulated, as well as a basis for claims against those who abuse power or fail to meet their legally defined obligations. In many cases this means that it is those with access to resources – the haves ...
“Shock constitutionalism”?
... In fact, the financial crisis had highlighted the insurmountable contradictions of the European constitutional construction as a supranational Union in which there is a common monetary policy but many different fiscal policies and a deep democratic deficit. The effects of the great recession stroke ...
... In fact, the financial crisis had highlighted the insurmountable contradictions of the European constitutional construction as a supranational Union in which there is a common monetary policy but many different fiscal policies and a deep democratic deficit. The effects of the great recession stroke ...
The Populist Challenge to Constitutional Democracy
... According to other scholars, the fact that ‘[n]ever before in the history of postwar Europe have governments and their political leaders – at the national level – been held in such low regard,’7 depends on a situation in which each party tends to become more distant from the voters that it purports ...
... According to other scholars, the fact that ‘[n]ever before in the history of postwar Europe have governments and their political leaders – at the national level – been held in such low regard,’7 depends on a situation in which each party tends to become more distant from the voters that it purports ...
Secession and Nullification as a Global Trend
... garnering approximately 40% of the popular vote. In short, secessionist movements are many, and spread in literally four corners of the world; the quest for sub- national political autonomy is very much alive. In fact, it is hard to identify more than a handful of countries that have not witnessed ...
... garnering approximately 40% of the popular vote. In short, secessionist movements are many, and spread in literally four corners of the world; the quest for sub- national political autonomy is very much alive. In fact, it is hard to identify more than a handful of countries that have not witnessed ...
Untethering Memory - H
... 1767), as translator of both Polybius Book VI and Dionysius, took the mixed governments of Sparta, Rome and England to be the “happiest to live under;” and if for him the Caesars so upset the balance of the three political orders with an absolute monarchy that made Rome “prey to the barbarian invade ...
... 1767), as translator of both Polybius Book VI and Dionysius, took the mixed governments of Sparta, Rome and England to be the “happiest to live under;” and if for him the Caesars so upset the balance of the three political orders with an absolute monarchy that made Rome “prey to the barbarian invade ...
Review of S. Tierney, Constitutional Referendums. The Theory and
... to the polity that holds the referendum and external to it. Further, when properly designed, CRs can score higher than representative decision-making devices in terms of participation and deliberation, thus complementing them. While the central chapters of the book address the mentioned and some fur ...
... to the polity that holds the referendum and external to it. Further, when properly designed, CRs can score higher than representative decision-making devices in terms of participation and deliberation, thus complementing them. While the central chapters of the book address the mentioned and some fur ...
Deleuzian Interrogations (MS PPT)
... Universally seen as major opponent of Derrida's thinking, but ended as “friends” exemplifying Habermas's Discourse Principle is radically democratic ...
... Universally seen as major opponent of Derrida's thinking, but ended as “friends” exemplifying Habermas's Discourse Principle is radically democratic ...
Constitutional reform in Bosnia and Herzegovina
... Matters have been complicated by the long-expected decision of the European Court of Human Rights (ECHR) in December 2009 which found the Bosnian Constitution in breach of the European Convention on Human Rights, because the presidency and the upper chamber of parliament – the House of People – are ...
... Matters have been complicated by the long-expected decision of the European Court of Human Rights (ECHR) in December 2009 which found the Bosnian Constitution in breach of the European Convention on Human Rights, because the presidency and the upper chamber of parliament – the House of People – are ...
Constitutional Law as Though the Constitution Mattered
... tional interpretation that look beyond the document's four corners. Calder is followed by a series of substantive due process cases that the authors skillfully use to explore the history and limits of attempts to define "the Constitution" as something equal to or greater than the 1787 document and i ...
... tional interpretation that look beyond the document's four corners. Calder is followed by a series of substantive due process cases that the authors skillfully use to explore the history and limits of attempts to define "the Constitution" as something equal to or greater than the 1787 document and i ...
Commentary: Constitutional Structure in Latin America
... enacting reform only (not replacement) in such a controlled fashion, I think he underplays one feature which sets Chile apart in the Latin American context: on measures of stateness and of rule of law (not necessarily democratic rule of law), Chile comes out higher than other countries in the region ...
... enacting reform only (not replacement) in such a controlled fashion, I think he underplays one feature which sets Chile apart in the Latin American context: on measures of stateness and of rule of law (not necessarily democratic rule of law), Chile comes out higher than other countries in the region ...
July 7, 2008 - The Political Forum
... help make the world not just safer but better.” Its “clear” goals are “political and economic freedom, peaceful relations with other states, and respect for human dignity.” Finally, the entire package, Bush said, is based on “a distinctly American internationalism that reflects the union of our valu ...
... help make the world not just safer but better.” Its “clear” goals are “political and economic freedom, peaceful relations with other states, and respect for human dignity.” Finally, the entire package, Bush said, is based on “a distinctly American internationalism that reflects the union of our valu ...
rtf version - Jean Monnet Center
... and a constitution as roads that can be taken. Functional, instead of territorial, representation is, however, regarded by some experts (Kohler-Koch 1999:12) as the likelier line of development in order to overcome the blockage between the democratic and the federal principle. Constructivism has sin ...
... and a constitution as roads that can be taken. Functional, instead of territorial, representation is, however, regarded by some experts (Kohler-Koch 1999:12) as the likelier line of development in order to overcome the blockage between the democratic and the federal principle. Constructivism has sin ...
Constitutional patriotism
Constitutional patriotism (Verfassungspatriotismus) is the idea that people should form a political attachment to the norms and values of a pluralistic liberal democratic constitution rather than a national culture or cosmopolitan society. It is associated with post-nationalist identity, because it is seen as a similar concept to nationalism, but as an attachment based on values of the constitution rather than a national culture. In essence, it is an attempt to re-conceptualise group identity with a focus on the interpretation of citizenship as a loyalty that goes beyond individuals' ethnocultural identification. Theorists believe this to be more defensible than other forms of shared commitment in a diverse modern state with multiple languages and group identities. It is particularly relevant in post-national democratic states in which multiple cultural and ethnic groups coexist. It was influential in the development of the European Union and a key to Europeanism as a basis for multiple countries belonging to a supranational union.