John S. Dryzek
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250431
- eISBN:
- 9780191717253
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925043X.001.0001
- Subject:
- Political Science, Political Theory
Deliberative Democracy and Beyond takes a critical tour through recent democratic theory, beginning with the deliberative turn that occurred around 1990. The essence of this turn is that ...
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Deliberative Democracy and Beyond takes a critical tour through recent democratic theory, beginning with the deliberative turn that occurred around 1990. The essence of this turn is that democratic legitimacy is to be found in authentic deliberation among those affected by a collective decision. While the deliberative turn was initially a challenge to established institutions and models of democracy, it was soon assimilated by these same institutions and models. Drawing a distinction between liberal constitutionalism and discursive democracy, the author criticizes the former and advocates the latter. He argues that a defensible theory of democracy should be critical of established power, pluralistic, reflexive in questioning established traditions, transnational in its capacity to extend across state boundaries, ecological, and dynamic in its openness to changing constraints upon, and opportunities for, democratization.Less
Deliberative Democracy and Beyond takes a critical tour through recent democratic theory, beginning with the deliberative turn that occurred around 1990. The essence of this turn is that democratic legitimacy is to be found in authentic deliberation among those affected by a collective decision. While the deliberative turn was initially a challenge to established institutions and models of democracy, it was soon assimilated by these same institutions and models. Drawing a distinction between liberal constitutionalism and discursive democracy, the author criticizes the former and advocates the latter. He argues that a defensible theory of democracy should be critical of established power, pluralistic, reflexive in questioning established traditions, transnational in its capacity to extend across state boundaries, ecological, and dynamic in its openness to changing constraints upon, and opportunities for, democratization.
Jon Elster
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199281688
- eISBN:
- 9780191603747
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199281688.003.0003
- Subject:
- Political Science, Political Theory
This essay considers how the American and French revolutionaries, famous defenders of the ideal of equality, contrived to evade the implications of that ideal when it came to slaves or workers. It ...
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This essay considers how the American and French revolutionaries, famous defenders of the ideal of equality, contrived to evade the implications of that ideal when it came to slaves or workers. It contends that the hypocrisy of the revolutionaries is particularly egregious given that they stood to profit personally from the reduced scope of their egalitarianism.Less
This essay considers how the American and French revolutionaries, famous defenders of the ideal of equality, contrived to evade the implications of that ideal when it came to slaves or workers. It contends that the hypocrisy of the revolutionaries is particularly egregious given that they stood to profit personally from the reduced scope of their egalitarianism.
Jo Shaw and Antje Wiener
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297574
- eISBN:
- 9780191598982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297572.003.0004
- Subject:
- Political Science, European Union
This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting ...
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This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting of a parallel development of two dimensions: one institutional and the other theoretical. The debate over constitutionalism and constitutional change as an approach to the paradox of stateness is discussed. An empirical example of a process in which social norms become materialized into legal norms is presented.Less
This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting of a parallel development of two dimensions: one institutional and the other theoretical. The debate over constitutionalism and constitutional change as an approach to the paradox of stateness is discussed. An empirical example of a process in which social norms become materialized into legal norms is presented.
Wayne Norman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780198293354
- eISBN:
- 9780191604126
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293356.001.0001
- Subject:
- Political Science, Political Theory
This book addresses some of the special challenges that arise when two or more national communities share the same (multinational) state. As a work in normative political philosophy, its principal ...
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This book addresses some of the special challenges that arise when two or more national communities share the same (multinational) state. As a work in normative political philosophy, its principal aim is to evaluate the political and institutional choices of citizens and governments in states with rival nationalist discourses and nation-building projects. The first chapter takes stock of a decade of intense philosophical and sociological debates about the nature of nations and nationalism. The remainder of the book focuses on the three major political and institutional choices in multinational states. First, what can political actors and governments legitimately do to shape citizens’ national identity or identities? This is the core question in the ethics of nation-building. Second, how can minority and majority national communities each be given an adequate degree of self-determination, including equal rights to carry out nation-building projects, within a democratic federal state? Finally, even in a world where most national minorities cannot have their own state, how should the constitutions of multinational federations regulate secessionist politics within the rule of law and the ideals of democracy?Less
This book addresses some of the special challenges that arise when two or more national communities share the same (multinational) state. As a work in normative political philosophy, its principal aim is to evaluate the political and institutional choices of citizens and governments in states with rival nationalist discourses and nation-building projects. The first chapter takes stock of a decade of intense philosophical and sociological debates about the nature of nations and nationalism. The remainder of the book focuses on the three major political and institutional choices in multinational states. First, what can political actors and governments legitimately do to shape citizens’ national identity or identities? This is the core question in the ethics of nation-building. Second, how can minority and majority national communities each be given an adequate degree of self-determination, including equal rights to carry out nation-building projects, within a democratic federal state? Finally, even in a world where most national minorities cannot have their own state, how should the constitutions of multinational federations regulate secessionist politics within the rule of law and the ideals of democracy?
Wayne Norman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780198293354
- eISBN:
- 9780191604126
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293356.003.0006
- Subject:
- Political Science, Political Theory
Preventing secession is the central design challenge in a multinational federation. This chapter considers how a well-designed legal secession procedure in a federal constitution could be attractive ...
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Preventing secession is the central design challenge in a multinational federation. This chapter considers how a well-designed legal secession procedure in a federal constitution could be attractive to both majority and minority nationalists. Legalizing (or ‘domesticating’) secession the right way could, paradoxically, make secession less likely by taking away some incentives for secessionist politics. It could also provide a powerful form of symbolic recognition for a national minority. The background context of secession in international law, as well as some lessons from the history of secessionist politics and the recent ‘legalization’ of secession in Canada and Quebec are discussed.Less
Preventing secession is the central design challenge in a multinational federation. This chapter considers how a well-designed legal secession procedure in a federal constitution could be attractive to both majority and minority nationalists. Legalizing (or ‘domesticating’) secession the right way could, paradoxically, make secession less likely by taking away some incentives for secessionist politics. It could also provide a powerful form of symbolic recognition for a national minority. The background context of secession in international law, as well as some lessons from the history of secessionist politics and the recent ‘legalization’ of secession in Canada and Quebec are discussed.
Alec Stone Sweet
- Published in print:
- 2000
- Published Online:
- April 2004
- ISBN:
- 9780198297710
- eISBN:
- 9780191601095
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297718.003.0005
- Subject:
- Political Science, Comparative Politics
The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most ...
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The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most commonly addressed by grafting Kelsenian constitutional theory onto the classical distinctions between the judicial and the legislative functions. However, this model is found to be theoretically incoherent and empirically inaccurate. An alternative perspective is advanced, arguing that the legitimacy of constitutional review is a product of the participatory nature of constitutional adjudication, driven by strategic interaction that is necessarily pursued through normative argument.Less
The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most commonly addressed by grafting Kelsenian constitutional theory onto the classical distinctions between the judicial and the legislative functions. However, this model is found to be theoretically incoherent and empirically inaccurate. An alternative perspective is advanced, arguing that the legitimacy of constitutional review is a product of the participatory nature of constitutional adjudication, driven by strategic interaction that is necessarily pursued through normative argument.
J. H. Burns
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202066
- eISBN:
- 9780191675133
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202066.001.0001
- Subject:
- History, European Medieval History
This is a study of the ideology of monarchy in late medieval Europe. In the 15th and early 16th centuries, European monarchies faced a series of crises and conflicts, which gave rise to intense ...
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This is a study of the ideology of monarchy in late medieval Europe. In the 15th and early 16th centuries, European monarchies faced a series of crises and conflicts, which gave rise to intense debate as to the nature and authority of monarchy in its various forms. From such debates and polemics emerged many of the ideas that were to sustain the later confrontation between ‘absolutism’ and ‘constitutionalism’. This book examines the ideas generated by various crises of monarchy in France, England, the Spanish kingdoms, and what still claimed to be the ‘universal’ monarchies of Empire and Papacy.Less
This is a study of the ideology of monarchy in late medieval Europe. In the 15th and early 16th centuries, European monarchies faced a series of crises and conflicts, which gave rise to intense debate as to the nature and authority of monarchy in its various forms. From such debates and polemics emerged many of the ideas that were to sustain the later confrontation between ‘absolutism’ and ‘constitutionalism’. This book examines the ideas generated by various crises of monarchy in France, England, the Spanish kingdoms, and what still claimed to be the ‘universal’ monarchies of Empire and Papacy.
Jeffrey Kahn
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199246991
- eISBN:
- 9780191599606
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246998.003.0002
- Subject:
- Political Science, Russian Politics
Theories of federalism are explored in detail, with particular attention to the work of Dahl, Lijphart, Riker, and Wheare. Issues addressed include anti‐majoritarianism, asymmetry, centralization, ...
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Theories of federalism are explored in detail, with particular attention to the work of Dahl, Lijphart, Riker, and Wheare. Issues addressed include anti‐majoritarianism, asymmetry, centralization, the role of the judiciary and the rule of law, nullification, over‐representation, secessionism, self‐determination, sovereignty, and subsidiarity. A wide variety of federal systems are possible under the rubric of federalism (including confederation, federacy, etc.) and these are explored. Different constitutional and institutional choices have different effects (and paradoxes) for democracy, law, and sovereignty in federal states. The role of ethnic, linguistic, religious, and other social cleavages on the development and stability of federal systems is addressed. Empirical analysis of federalism in Brazil, Spain, Yugoslavia, the United States, and other state systems is provided. The theory of ‘non‐democratic federalism’ is disputed.Less
Theories of federalism are explored in detail, with particular attention to the work of Dahl, Lijphart, Riker, and Wheare. Issues addressed include anti‐majoritarianism, asymmetry, centralization, the role of the judiciary and the rule of law, nullification, over‐representation, secessionism, self‐determination, sovereignty, and subsidiarity. A wide variety of federal systems are possible under the rubric of federalism (including confederation, federacy, etc.) and these are explored. Different constitutional and institutional choices have different effects (and paradoxes) for democracy, law, and sovereignty in federal states. The role of ethnic, linguistic, religious, and other social cleavages on the development and stability of federal systems is addressed. Empirical analysis of federalism in Brazil, Spain, Yugoslavia, the United States, and other state systems is provided. The theory of ‘non‐democratic federalism’ is disputed.
Russell Hardin
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198290841
- eISBN:
- 9780191599415
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198290845.001.0001
- Subject:
- Political Science, Political Theory
The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the ...
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The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is that constitutional political institutions and democratic procedures generally require not so much active support as merely acquiescence in order to survive and work. These are explanatory theses, not normative claims, but they have relevance for normative claims if one takes seriously some relative of Kant's dictum that ought implies can. If we are to insist that some form of government is normatively right for a particular society, we must be able to say that it would or could work for that society.It is commonly argued that what makes democracy right is that it works by consent. If so, it is such a distressingly minimal form of consent—acquiescence—as to be normatively disqualified. If we rule out mere acquiescence as adequate for consent, it seems likely that no credible argument can be adduced to defend liberal constitutional democracy in any detail on grounds of consent or contractarianism. Hence, concern for workability, which should be central to any moral assessment of principles of social order, undercuts the entire consent school of political theory.Less
The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is that constitutional political institutions and democratic procedures generally require not so much active support as merely acquiescence in order to survive and work. These are explanatory theses, not normative claims, but they have relevance for normative claims if one takes seriously some relative of Kant's dictum that ought implies can. If we are to insist that some form of government is normatively right for a particular society, we must be able to say that it would or could work for that society.
It is commonly argued that what makes democracy right is that it works by consent. If so, it is such a distressingly minimal form of consent—acquiescence—as to be normatively disqualified. If we rule out mere acquiescence as adequate for consent, it seems likely that no credible argument can be adduced to defend liberal constitutional democracy in any detail on grounds of consent or contractarianism. Hence, concern for workability, which should be central to any moral assessment of principles of social order, undercuts the entire consent school of political theory.
Jan Zielonka (ed.)
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.001.0001
- Subject:
- Political Science, Democratization
This is the first volume in a two‐volume series focusing on two major influences on democratic consolidation in Eastern Europe—institutional engineering and transnational pressures. Volume 1 analyses ...
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This is the first volume in a two‐volume series focusing on two major influences on democratic consolidation in Eastern Europe—institutional engineering and transnational pressures. Volume 1 analyses constraints on and opportunities for institutional engineering in Eastern Europe: to what extent elites in Eastern Europe have been able to shape, if not manipulate, the politics of democratic consolidation through institutional means and how. The aim is to juxtapose a set of democracy theories with empirical evidence accumulated in Eastern Europe over the course of the last 10 years. The volume tries to avoid complex debates about definitions, methods, and the uses and misuses of comparative research. Instead, it tries to establish what has really happened in the region and which theories have proved helpful in explaining those developments. The volume begins with a presentation of conceptual and comparative frameworks, followed by in‐depth empirical analyses of the 13 individual countries undergoing democratic consolidation. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania, Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary, and Poland. The conclusions evaluate the enormous impact of institutions on development of democracy in Eastern Europe and show that constitutional design is central to the process of democratic consolidation.Less
This is the first volume in a two‐volume series focusing on two major influences on democratic consolidation in Eastern Europe—institutional engineering and transnational pressures. Volume 1 analyses constraints on and opportunities for institutional engineering in Eastern Europe: to what extent elites in Eastern Europe have been able to shape, if not manipulate, the politics of democratic consolidation through institutional means and how. The aim is to juxtapose a set of democracy theories with empirical evidence accumulated in Eastern Europe over the course of the last 10 years. The volume tries to avoid complex debates about definitions, methods, and the uses and misuses of comparative research. Instead, it tries to establish what has really happened in the region and which theories have proved helpful in explaining those developments. The volume begins with a presentation of conceptual and comparative frameworks, followed by in‐depth empirical analyses of the 13 individual countries undergoing democratic consolidation. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania, Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary, and Poland. The conclusions evaluate the enormous impact of institutions on development of democracy in Eastern Europe and show that constitutional design is central to the process of democratic consolidation.
Adrian Vermeule
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199838455
- eISBN:
- 9780199932481
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838455.001.0001
- Subject:
- Law, Constitutional and Administrative Law
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through ...
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A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science, and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, this book explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.Less
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science, and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, this book explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.
Thomas Christiano
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780198297475
- eISBN:
- 9780191716867
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198297475.003.0001
- Subject:
- Political Science, Comparative Politics, Political Theory
This chapter introduces the main problems discussed in the book. It reviews the fundamental questions concerning the moral foundations of democracy, its relation to social justice, the authority of ...
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This chapter introduces the main problems discussed in the book. It reviews the fundamental questions concerning the moral foundations of democracy, its relation to social justice, the authority of democracy and the limits to the authority of democracy, and the foundations of constitutionalism. It charts the main ideas and arguments of the book. It also discusses some of the important methods in use in the book and some principal ideas about the nature of political philosophy.Less
This chapter introduces the main problems discussed in the book. It reviews the fundamental questions concerning the moral foundations of democracy, its relation to social justice, the authority of democracy and the limits to the authority of democracy, and the foundations of constitutionalism. It charts the main ideas and arguments of the book. It also discusses some of the important methods in use in the book and some principal ideas about the nature of political philosophy.
Thomas Christiano
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780198297475
- eISBN:
- 9780191716867
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198297475.003.0008
- Subject:
- Political Science, Comparative Politics, Political Theory
This chapter gives an account of the limits to democratic authority that is grounded in the same principle of public equality that grounds the authority of democracy. It explains what is meant by a ...
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This chapter gives an account of the limits to democratic authority that is grounded in the same principle of public equality that grounds the authority of democracy. It explains what is meant by a limit to democratic authority. It shows how the basic democratic and liberal rights provide limits to the authority of the democratic assembly. It argues that the provision of an economic minimum is necessary to public equality, and that therefore a democratic assembly that does not do what it can to provide this thereby weakens its own authority. It shows how the principle of public equality can provide guidance as to when institutions of constitutional limits on government and judicial review can be justified and when not. It shows how the conception of democracy as grounded in public equality implies that a democratic assembly that generates permanent minorities has its authority weakened, and thus provides some support for limited self-determination of minorities.Less
This chapter gives an account of the limits to democratic authority that is grounded in the same principle of public equality that grounds the authority of democracy. It explains what is meant by a limit to democratic authority. It shows how the basic democratic and liberal rights provide limits to the authority of the democratic assembly. It argues that the provision of an economic minimum is necessary to public equality, and that therefore a democratic assembly that does not do what it can to provide this thereby weakens its own authority. It shows how the principle of public equality can provide guidance as to when institutions of constitutional limits on government and judicial review can be justified and when not. It shows how the conception of democracy as grounded in public equality implies that a democratic assembly that generates permanent minorities has its authority weakened, and thus provides some support for limited self-determination of minorities.
Alec Stone Sweet
- Published in print:
- 2000
- Published Online:
- April 2004
- ISBN:
- 9780198297710
- eISBN:
- 9780191601095
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297718.001.0001
- Subject:
- Political Science, Comparative Politics
Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary ...
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Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary judiciary has been carving out wide‐ranging powers of judicial review for itself, seeking to alter statutes deemed unconstitutional. As Stone Sweet argues forcefully, these phenomena have combined to undermine parliamentary sovereignty and to transform the very nature of European government and society. These arguments are illustrated by the detailed comparative examination of five pivotal cases: France, Germany, Italy, Spain, and the EU.The discussion of the immediate subject matter takes place, embedded into a wider set of concerns: what are the sources and consequences of judicial power? Why is judicial rule making often basic to institutionalization and political change? Already a classic in the ongoing debate about constitutional politics, this book offers important contributions to the literature on new institutionalism, rational choice theory, and the new constitutionalism in Continental legal theory.Less
Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary judiciary has been carving out wide‐ranging powers of judicial review for itself, seeking to alter statutes deemed unconstitutional. As Stone Sweet argues forcefully, these phenomena have combined to undermine parliamentary sovereignty and to transform the very nature of European government and society. These arguments are illustrated by the detailed comparative examination of five pivotal cases: France, Germany, Italy, Spain, and the EU.
The discussion of the immediate subject matter takes place, embedded into a wider set of concerns: what are the sources and consequences of judicial power? Why is judicial rule making often basic to institutionalization and political change? Already a classic in the ongoing debate about constitutional politics, this book offers important contributions to the literature on new institutionalism, rational choice theory, and the new constitutionalism in Continental legal theory.
Antony Black
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199533206
- eISBN:
- 9780191714498
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533206.003.0005
- Subject:
- Political Science, Political Theory
The ideology of sacred monarchy prevailed in all three cultures, absolutism in Byzantium and Islam. Monarchs had a duty to rule justly, which in Islam meant according to the Shari'a. European views ...
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The ideology of sacred monarchy prevailed in all three cultures, absolutism in Byzantium and Islam. Monarchs had a duty to rule justly, which in Islam meant according to the Shari'a. European views of justice derived partly from Roman law and Stoicism. In all three, justice included ruling according to the laws. Constitutionalism developed partly out of the separation of roles between rulers and clergy or 'ulama. The Sunni caliph and Byzantine emperor were, in theory, appointed by election. Both caliph and king were tied to their subjects by oath, but only in Europe were legal restraints made specific and formal. Islamic jurists preferred, on prudential grounds, non-resistance. In Europe, the king's power was balanced by parliaments claiming to represent the whole kingdom. There was no corporate representation in Byzantium or Islam. In Europe, city republics were ruled by elected officials.Less
The ideology of sacred monarchy prevailed in all three cultures, absolutism in Byzantium and Islam. Monarchs had a duty to rule justly, which in Islam meant according to the Shari'a. European views of justice derived partly from Roman law and Stoicism. In all three, justice included ruling according to the laws. Constitutionalism developed partly out of the separation of roles between rulers and clergy or 'ulama. The Sunni caliph and Byzantine emperor were, in theory, appointed by election. Both caliph and king were tied to their subjects by oath, but only in Europe were legal restraints made specific and formal. Islamic jurists preferred, on prudential grounds, non-resistance. In Europe, the king's power was balanced by parliaments claiming to represent the whole kingdom. There was no corporate representation in Byzantium or Islam. In Europe, city republics were ruled by elected officials.
David Erdos
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199557769
- eISBN:
- 9780191594380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557769.003.0006
- Subject:
- Political Science, Comparative Politics
This chapter considers the socio‐politics of bill of rights debates and outcomes in New Zealand. The first part of the chapter focuses on the unsuccessful proposals for a bill of rights in the late ...
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This chapter considers the socio‐politics of bill of rights debates and outcomes in New Zealand. The first part of the chapter focuses on the unsuccessful proposals for a bill of rights in the late 1950s and early 1960s. This debate was triggered politically by a felt need to strengthen institutional checks following abolition of the upper house. However, the trigger was very weak and never pointed specifically to the need for a bill of rights. Meanwhile, strong social support for such an instrument was confined to the neo‐liberal Constitutional Society. Postmaterialist rights groups were ill‐developed and, in any case, largely adhered to traditional Westminster precepts. The second part examines the very different debate of the 1980s which led to the statutory New Zealand Bill of Rights Act (NZBOR). This was politically prompted by a more focused ‘aversive’ reaction against the perceived authoritarianism of Robert Muldoon's National administration. Meanwhile, postmaterialist rights groups were not only better developed by this stage but also more open to formalizing rights guarantees. Nevertheless, the relatively weak, backward‐looking nature of the political trigger combined with a continued societal belief in parliamentary sovereignty shaped and limited the nature of reform. Both parts of the chapter include detailed discussion of the particular role of the Māori including analysis of the failure to include special protections for indigenous rights with NZBOR.Less
This chapter considers the socio‐politics of bill of rights debates and outcomes in New Zealand. The first part of the chapter focuses on the unsuccessful proposals for a bill of rights in the late 1950s and early 1960s. This debate was triggered politically by a felt need to strengthen institutional checks following abolition of the upper house. However, the trigger was very weak and never pointed specifically to the need for a bill of rights. Meanwhile, strong social support for such an instrument was confined to the neo‐liberal Constitutional Society. Postmaterialist rights groups were ill‐developed and, in any case, largely adhered to traditional Westminster precepts. The second part examines the very different debate of the 1980s which led to the statutory New Zealand Bill of Rights Act (NZBOR). This was politically prompted by a more focused ‘aversive’ reaction against the perceived authoritarianism of Robert Muldoon's National administration. Meanwhile, postmaterialist rights groups were not only better developed by this stage but also more open to formalizing rights guarantees. Nevertheless, the relatively weak, backward‐looking nature of the political trigger combined with a continued societal belief in parliamentary sovereignty shaped and limited the nature of reform. Both parts of the chapter include detailed discussion of the particular role of the Māori including analysis of the failure to include special protections for indigenous rights with NZBOR.
Mark Hewitson
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208587
- eISBN:
- 9780191678073
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208587.001.0001
- Subject:
- History, European Modern History
This book examines the interrelationship between the construction of national identity and the transformation of political thought in Germany before the First World War. During the decade or so ...
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This book examines the interrelationship between the construction of national identity and the transformation of political thought in Germany before the First World War. During the decade or so before the war, the German Empire was challenged openly by both left and right for the first time since the 1870s. Paradoxically, however, this pre-war crisis of Germany's system of government occurred during a period of increasing nationalism, which created a solid cross-party basis of support for the Empire as a nation-state. The book argues that Wilhelmine debates about the reform of the German Empire can only be understood in the context of a broader discussion and comparison of European and American political regimes which took place in Germany after the turn of the century. In such contemporary debates about a German Sonderwag, France remained a principal point of reference because French-style parliamentarism had come to be viewed as the main alternative to German constitutionalism. By analysing Wilhelmine depictions of the Third Republic, the book revises accepted interpretations of German politics and nationalism.Less
This book examines the interrelationship between the construction of national identity and the transformation of political thought in Germany before the First World War. During the decade or so before the war, the German Empire was challenged openly by both left and right for the first time since the 1870s. Paradoxically, however, this pre-war crisis of Germany's system of government occurred during a period of increasing nationalism, which created a solid cross-party basis of support for the Empire as a nation-state. The book argues that Wilhelmine debates about the reform of the German Empire can only be understood in the context of a broader discussion and comparison of European and American political regimes which took place in Germany after the turn of the century. In such contemporary debates about a German Sonderwag, France remained a principal point of reference because French-style parliamentarism had come to be viewed as the main alternative to German constitutionalism. By analysing Wilhelmine depictions of the Third Republic, the book revises accepted interpretations of German politics and nationalism.
Alexander Lukashuk
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.003.0011
- Subject:
- Political Science, Democratization
Describes the failure of the constitution‐drafting process to contribute to democratic consolidation in Belarus. Today, Belarus is considered the worst authoritarian regime in Eastern Europe. The ...
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Describes the failure of the constitution‐drafting process to contribute to democratic consolidation in Belarus. Today, Belarus is considered the worst authoritarian regime in Eastern Europe. The chapter characterizes the Constitution of Belarus as an occasionally used tool for manipulation by the country's autocratic president. While the president considers the Constitution he drafted to be the sole foundation of law in the country, the democratic opposition considers it illegal and illegitimate. Nevertheless, as the focal point of the struggle between President Lukashenka and the democratic opposition, the significance of the Constitution remains strong. The chapter emphasizes how certain choices and omissions in the constitution‐drafting process laid the foundation for the current undemocratic regime. The chapter indicates reasons behind the failure of constitutionalism in Belarus, such as a weak national identity, the absence of economic reforms during the first five years of independence, the state monopoly of the electronic media, and Russia's strong economic and political support of the Belarus's authoritarian leader.Less
Describes the failure of the constitution‐drafting process to contribute to democratic consolidation in Belarus. Today, Belarus is considered the worst authoritarian regime in Eastern Europe. The chapter characterizes the Constitution of Belarus as an occasionally used tool for manipulation by the country's autocratic president. While the president considers the Constitution he drafted to be the sole foundation of law in the country, the democratic opposition considers it illegal and illegitimate. Nevertheless, as the focal point of the struggle between President Lukashenka and the democratic opposition, the significance of the Constitution remains strong. The chapter emphasizes how certain choices and omissions in the constitution‐drafting process laid the foundation for the current undemocratic regime. The chapter indicates reasons behind the failure of constitutionalism in Belarus, such as a weak national identity, the absence of economic reforms during the first five years of independence, the state monopoly of the electronic media, and Russia's strong economic and political support of the Belarus's authoritarian leader.
Mirosław Wyrzykowski
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.003.0016
- Subject:
- Political Science, Democratization
Describes the constitution‐making process in Poland. The main feature of this process was the ability to reach a compromise in a conflict‐prone political setting. The chapter analyses major stages of ...
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Describes the constitution‐making process in Poland. The main feature of this process was the ability to reach a compromise in a conflict‐prone political setting. The chapter analyses major stages of the process of democratic consolidation and the constitutionalization, and examines issues such as legitimacy, balance of power, and the role of the state. The first significant breakthrough in the process was the interim constitution of 1992. The chapter emphasizes its importance in the process of institutional engineering despite its numerous shortcomings. The chapter also points out that the adoption of the Polish Constitution by referendum did not resolve the debate on legitimacy. Finally, it shows that despite the contentious adoption of the Constitution, it has had a stabilizing effect on Polish democracy. Overall, the Polish Constitution is described as a constitution of compromise and of political pragmatism.Less
Describes the constitution‐making process in Poland. The main feature of this process was the ability to reach a compromise in a conflict‐prone political setting. The chapter analyses major stages of the process of democratic consolidation and the constitutionalization, and examines issues such as legitimacy, balance of power, and the role of the state. The first significant breakthrough in the process was the interim constitution of 1992. The chapter emphasizes its importance in the process of institutional engineering despite its numerous shortcomings. The chapter also points out that the adoption of the Polish Constitution by referendum did not resolve the debate on legitimacy. Finally, it shows that despite the contentious adoption of the Constitution, it has had a stabilizing effect on Polish democracy. Overall, the Polish Constitution is described as a constitution of compromise and of political pragmatism.
Wojciech Sadurski
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.003.0017
- Subject:
- Political Science, Democratization
The concluding chapter concentrates on the importance of institutions in the democratic consolidation of post‐communist Eastern Europe. The chapter is divided into four parts that address issues ...
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The concluding chapter concentrates on the importance of institutions in the democratic consolidation of post‐communist Eastern Europe. The chapter is divided into four parts that address issues concerning the importance of institutions in this process. The first section describes the ways in which institutions can affect political life by changing the pattern of incentives for particular behaviour by political actors. The second part shows how constitutions influence national identity by defining state citizenship. The third section refers to the activity of constitution‐making and how this process has taken place in Eastern Europe. The fourth part discusses how constitutions in Eastern Europe are transforming the way political demands, claims, and arguments are made by political actors.Less
The concluding chapter concentrates on the importance of institutions in the democratic consolidation of post‐communist Eastern Europe. The chapter is divided into four parts that address issues concerning the importance of institutions in this process. The first section describes the ways in which institutions can affect political life by changing the pattern of incentives for particular behaviour by political actors. The second part shows how constitutions influence national identity by defining state citizenship. The third section refers to the activity of constitution‐making and how this process has taken place in Eastern Europe. The fourth part discusses how constitutions in Eastern Europe are transforming the way political demands, claims, and arguments are made by political actors.
