Citizen and State Equality in a Supranational Political Community
Citizen and State Equality in a Supranational Political Community

Author: Jürgen Habermas

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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In the European Parliament seats are distributed according to a principle of degressive proportionality that privileges smaller member states. While serving the principle of state equality, this arrangement seems to violate the principle of citizen equality. In this article, I consider whether a deviation from the equal representation of citizens can be justified in the context of a supranational political community. The main thesis is that the conflict between citizen and state equality can be dissolved if we understand the European Union as based on a pouvoir constituant mixte. Today, each European finds herself in a dual role as an EU citizen and a state citizen. While the member state peoples strive for supranational democracy, they have an interest in preserving their domestic structures of self-government. Thus, the rules of representation in the EP can be reconstructed as an expression of the legitimate will of a dual constituent subject. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).

Divided Sovereignty, Nation and Legal Community
Divided Sovereignty, Nation and Legal Community

Author: Klaus Günther

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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With a view to EU democracy, Jürgen Habermas introduced the idea that the relationship between the roles of state citizens and European citizens should be understood as a form of 'divided sovereignty'. This notion is a constructive solution to theoretical problems resulting from the goal of realizing national and European democracy at the same time, but one might suspect that one of the suggested roles comes more naturally to most citizens. While state citizenship can draw on national identities, EU citizenship appears artificial and constructed, and hence not very attractive. I argue that the contraposition of 'natural' vs. 'artificial' sovereigns is inadequate. Both parts of divided sovereignty need to be understood in a constructivist sense as they are attributed to legal associations. Much in the same way as the idea of national sovereignty had to be appropriated in learning processes, citizens could grow into the role of EU sovereigns. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ) and The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ).

Introduction
Introduction

Author: Markus Patberg

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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According to Jürgen Habermas's notion of pouvoir constituant mixte, the EU needs to derive its democratic legitimacy from a dual subject, consisting of the community of European citizens on the one hand and the communities of state citizens on the other. In this introduction, I outline some of the basic ideas behind the pouvoir constituant mixte, situate the category within wider debates about democracy in the EU and the future of European integration, and provide a brief summary of the symposium contributions. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).

The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality
The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality

Author: Jelena von Achenbach

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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Arguing from a transnationalist perspective, this contribution contests Jürgen Habermas' reconstruction of degressive proportionality according to which the principle is justified as a mechanism empowering national interest. The critique is developed on legal, empirical and normative grounds. In the first step, the article demonstrates that the European Parliament (EP) is legally designed to serve as a medium of transnational political alignments. Based on empirical studies, it then shows that the members of the EP exercise their representative role as advocates of political platforms of a cross-border nature. Normatively, the contribution argues that it is possible to reconstruct degressive proportionality from a transnationalist, European perspective: The purpose of this complex legal construction is to establish the conditions of an open, fair and pluralistic transnational discourse in the EP. Degressive proportionality allows for heterogeneity and diversity within the Union citizenry, which remains - for the time being - divided in national constituencies, to be articulated politically. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).

The Levelling Up of Constituent Power in the European Union
The Levelling Up of Constituent Power in the European Union

Author: Markus Patberg

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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In this article, I elaborate a conceptual innovation that underlies, if only in nascent form, Jürgen Habermas's notion of pouvoir constituant mixte and could significantly advance research on the democratic legitimacy of EU constitutional politics: the levelling up of constituent power. According to this idea, state-level pouvoirs constituants may issue an authorization for constitutional decision-making at the supra-state level and thereby bring about a new constituent power whose composition can take a variety of forms. This conceptual framework paves the way for a systematic analysis of the EU's pouvoir constituant and its relation to the demoi of the member states. At the same time, it renders it an open normative question of who should be in charge of EU constitutional politics. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The 'Mixed' Constituent Legitimacy of the European Federation by Peter Niesen (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI: ).

The Principles of Constitutionalism
The Principles of Constitutionalism

Author: N. W. Barber

Publisher: Oxford University Press

Published: 2018-07-25

Total Pages: 417

ISBN-13: 0192535684

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In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

The 'Mixed' Constituent Legitimacy of the European Federation
The 'Mixed' Constituent Legitimacy of the European Federation

Author: Peter Niesen

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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Constitutional lawyers and political scientists have described the European Union as a federation of states (fédération, Bund). They deny that federations generate a new union-wide constituent authority besides the pouvoirs constituants of the member states. Habermas argues that federative constituent power lies with individuals in their dual roles as citizens of the several states and as citizens of the Union. I argue that from the perspective of democratic theory, this view is methodologically superior to other 'dualist' views of federative constituent power (J. Cohen), but go on to criticize it in two respects. It gives insufficient justification for the persistence of domestic pouvoirs constituants, and it reifies their defensive function. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes The EU's Pouvoir Constituant Mixte - Exploring the Systematic Potential of an Innovative Category by Markus Patberg (DOI: ), Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte by Jürgen Habermas (DOI: ), The European Parliament as a Forum of National Interest? A Transnationalist Critique of Jürgen Habermas' Reconstruction of Degressive Proportionality by Jelena von Achenbach (DOI: ), The Levelling Up of Constituent Power in the European Union by Markus Patberg (DOI: ) and Divided Sovereignty, Nation and Legal Community by Klaus Günther (DOI:).

Legislative Authority and Interpretation in the European Union
Legislative Authority and Interpretation in the European Union

Author: Martijn van den Brink

Publisher: Oxford University Press

Published: 2024-07-16

Total Pages: 273

ISBN-13: 0198900104

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Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.

Constituent Power in the European Union
Constituent Power in the European Union

Author: Markus Patberg

Publisher: Oxford University Press, USA

Published: 2021-01-03

Total Pages: 273

ISBN-13: 0198845219

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This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.

The Oxford Handbook of Citizenship
The Oxford Handbook of Citizenship

Author: Ayelet Shachar

Publisher: Oxford University Press

Published: 2017-08-03

Total Pages: 816

ISBN-13: 0192528424

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Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.