Constituent Power In The European Union
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Author |
: Markus Patberg |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 273 |
Release |
: 2021-01-03 |
ISBN-10 |
: 9780198845218 |
ISBN-13 |
: 0198845219 |
Rating |
: 4/5 (18 Downloads) |
Synopsis Constituent Power in the European Union by : Markus Patberg
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.
Author |
: Markus Patberg |
Publisher |
: |
Total Pages |
: 246 |
Release |
: 2020 |
ISBN-10 |
: 0191880507 |
ISBN-13 |
: 9780191880506 |
Rating |
: 4/5 (07 Downloads) |
Synopsis Constituent Power in the European Union by : Markus Patberg
The 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 |
: John G. Oates |
Publisher |
: Routledge |
Total Pages |
: 237 |
Release |
: 2020-02-10 |
ISBN-10 |
: 9781000028379 |
ISBN-13 |
: 1000028372 |
Rating |
: 4/5 (79 Downloads) |
Synopsis Constituent Power and the Legitimacy of International Organizations by : John G. Oates
This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Author |
: Markus Patberg |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2017 |
ISBN-10 |
: OCLC:1375597752 |
ISBN-13 |
: |
Rating |
: 4/5 (52 Downloads) |
Synopsis The Levelling Up of Constituent Power in the European Union by : Markus Patberg
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: ).
Author |
: Lucia Rubinelli |
Publisher |
: Cambridge University Press |
Total Pages |
: 279 |
Release |
: 2020-05-21 |
ISBN-10 |
: 9781108618557 |
ISBN-13 |
: 1108618553 |
Rating |
: 4/5 (57 Downloads) |
Synopsis Constituent Power by : Lucia Rubinelli
From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.
Author |
: Martin Loughlin |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 400 |
Release |
: 2007 |
ISBN-10 |
: UOM:39015069354978 |
ISBN-13 |
: |
Rating |
: 4/5 (78 Downloads) |
Synopsis The Paradox of Constitutionalism by : Martin Loughlin
In 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 |
: Lynn Dobson |
Publisher |
: Routledge |
Total Pages |
: 256 |
Release |
: 2004-08-02 |
ISBN-10 |
: 9781134297047 |
ISBN-13 |
: 1134297041 |
Rating |
: 4/5 (47 Downloads) |
Synopsis Political Theory and the European Constitution by : Lynn Dobson
In 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 |
Total Pages |
: 184 |
Release |
: 2016-05-06 |
ISBN-10 |
: 9781317104988 |
ISBN-13 |
: 1317104986 |
Rating |
: 4/5 (88 Downloads) |
Synopsis Limits to Democratic Constitutionalism in Central and Eastern Europe by : Bogusia Puchalska
In 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 |
: Karen Alter |
Publisher |
: OUP Oxford |
Total Pages |
: 591 |
Release |
: 2010-06-17 |
ISBN-10 |
: 9780191615696 |
ISBN-13 |
: 0191615692 |
Rating |
: 4/5 (96 Downloads) |
Synopsis The European Court's Political Power by : Karen Alter
Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.
Author |
: Xenophon Contiades |
Publisher |
: Routledge |
Total Pages |
: 469 |
Release |
: 2020-06-11 |
ISBN-10 |
: 9781351020978 |
ISBN-13 |
: 1351020978 |
Rating |
: 4/5 (78 Downloads) |
Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades
Comparative 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.