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Author: Markus Patberg
Publisher: Oxford University Press, USA
Published: 2021-01-03
Total Pages: 273
ISBN-13: 0198845219
DOWNLOAD EBOOKThis 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.
Author: Markus Patberg
Publisher:
Published: 2020
Total Pages: 246
ISBN-13: 9780191880506
DOWNLOAD EBOOKThe Euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline is preoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized to the question of who is entitled to make that decision and how.
Author: Markus Patberg
Publisher:
Published: 2017
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKIn 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: ).
Author: Martin Loughlin
Publisher: Oxford University Press, USA
Published: 2007
Total Pages: 400
ISBN-13:
DOWNLOAD EBOOKIn modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
Published: 2020-05-21
Total Pages: 279
ISBN-13: 110848543X
DOWNLOAD EBOOKExplores the history of the idea of constituent power over five key events, from the French Revolution to the present.
Author: Lynn Dobson
Publisher: Routledge
Published: 2004-08-02
Total Pages: 256
ISBN-13: 1134297041
DOWNLOAD EBOOKIn June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.
Author: Bogusia Puchalska
Publisher: Routledge
Published: 2016-05-06
Total Pages: 184
ISBN-13: 1317104986
DOWNLOAD EBOOKIn this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Author: Xenophon Contiades
Publisher: Routledge
Published: 2020-06-11
Total Pages: 469
ISBN-13: 1351020978
DOWNLOAD EBOOKComparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Geneviève Nootens
Publisher: Routledge
Published: 2021-12-30
Total Pages: 211
ISBN-13: 1000520854
DOWNLOAD EBOOKThe concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
Author: Joel I. Colon-Rios
Publisher:
Published: 2020
Total Pages: 353
ISBN-13: 0198785984
DOWNLOAD EBOOKThis book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
