Bruce K. Rutherford
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158044
- eISBN:
- 9781400846146
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158044.003.0004
- Subject:
- Political Science, Political Theory
This chapter begins with a concise summary of the statist conception of political order that underlies Egypt's current autocratic regime. It then documents the economic contradictions that brought ...
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This chapter begins with a concise summary of the statist conception of political order that underlies Egypt's current autocratic regime. It then documents the economic contradictions that brought this order to the point of crisis in the early 1990s. In response to this crisis, the regime adopted reforms that enabled liberal constitutionalism and Islamic constitutionalism to broaden their influence and support. The analysis examines the growth of these two alternative views of constitutionalism through the actions of their most determined advocates: the de facto professional association for judges (the Judges' Club—Nadi al-Quda) and the Muslim Brotherhood. The analysis finds that political competition under Egypt's repressive regime has pushed advocates of liberal constitutionalism and Islamic constitutionalism toward common ground. Their political agendas converge in several areas, particularly with regard to key elements of liberalism such as constraints on state power, strengthening the rule of law, and protection of civil and political rights.Less
This chapter begins with a concise summary of the statist conception of political order that underlies Egypt's current autocratic regime. It then documents the economic contradictions that brought this order to the point of crisis in the early 1990s. In response to this crisis, the regime adopted reforms that enabled liberal constitutionalism and Islamic constitutionalism to broaden their influence and support. The analysis examines the growth of these two alternative views of constitutionalism through the actions of their most determined advocates: the de facto professional association for judges (the Judges' Club—Nadi al-Quda) and the Muslim Brotherhood. The analysis finds that political competition under Egypt's repressive regime has pushed advocates of liberal constitutionalism and Islamic constitutionalism toward common ground. Their political agendas converge in several areas, particularly with regard to key elements of liberalism such as constraints on state power, strengthening the rule of law, and protection of civil and political rights.
Bruce K. Rutherford
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158044
- eISBN:
- 9781400846146
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158044.003.0002
- Subject:
- Political Science, Political Theory
This chapter studies the emergence of liberal constitutionalism in Egypt. It examines the historical foundations of Egyptian liberalism in the late nineteenth and early twentieth centuries, and ...
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This chapter studies the emergence of liberal constitutionalism in Egypt. It examines the historical foundations of Egyptian liberalism in the late nineteenth and early twentieth centuries, and observes that this conception of governance became tightly integrated into the development of the legal profession. As a consequence, lawyers and judges became the most dedicated advocates of liberal reform. The Bar Association played a leading role in promoting the liberal cause for most of the twentieth century. However, changes in its membership and steady regime repression eventually fragmented the Bar and undermined its effectiveness. The judiciary, in contrast, has retained a strong sense of liberal identity and has developed a robust conception of liberal constitutionalism. In order to understand this approach to law and politics, the chapter studies the decisions of Egypt's major courts (the Supreme Constitutional Court, the administrative courts, and the Court of Cassation). It uses this body of jurisprudence to analyze the judiciary's views with regard to four core elements of constitutionalism: the rule of law, constraints on state power, protection of basic rights, and public participation in governance.Less
This chapter studies the emergence of liberal constitutionalism in Egypt. It examines the historical foundations of Egyptian liberalism in the late nineteenth and early twentieth centuries, and observes that this conception of governance became tightly integrated into the development of the legal profession. As a consequence, lawyers and judges became the most dedicated advocates of liberal reform. The Bar Association played a leading role in promoting the liberal cause for most of the twentieth century. However, changes in its membership and steady regime repression eventually fragmented the Bar and undermined its effectiveness. The judiciary, in contrast, has retained a strong sense of liberal identity and has developed a robust conception of liberal constitutionalism. In order to understand this approach to law and politics, the chapter studies the decisions of Egypt's major courts (the Supreme Constitutional Court, the administrative courts, and the Court of Cassation). It uses this body of jurisprudence to analyze the judiciary's views with regard to four core elements of constitutionalism: the rule of law, constraints on state power, protection of basic rights, and public participation in governance.
Gunther Teubner
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644674
- eISBN:
- 9780191738814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644674.003.0002
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
Constitutions of social sub-areas came to light not just with functional differentiation on a global scale, but which had already become virulent in the era of the nation state. It starts with ...
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Constitutions of social sub-areas came to light not just with functional differentiation on a global scale, but which had already become virulent in the era of the nation state. It starts with liberal constitutionalism and discusses why the constitutional question was raised only in relation to the state and not to other sectors of society. Then it describes how totalitarian regimes dealt with different sectors of society. Against this background three models of societal constitutionalism in the welfare state are presented: (1) social state constitutionalism which attempts to politicize social sectors, (2) economic constitutionalism which insists on the autonomy oft he economic constitution and (3) neo-corporatist models of societal constitutionalism which develops constitutions of diverse social sectors which allow fort he coordination of different rationalities.Less
Constitutions of social sub-areas came to light not just with functional differentiation on a global scale, but which had already become virulent in the era of the nation state. It starts with liberal constitutionalism and discusses why the constitutional question was raised only in relation to the state and not to other sectors of society. Then it describes how totalitarian regimes dealt with different sectors of society. Against this background three models of societal constitutionalism in the welfare state are presented: (1) social state constitutionalism which attempts to politicize social sectors, (2) economic constitutionalism which insists on the autonomy oft he economic constitution and (3) neo-corporatist models of societal constitutionalism which develops constitutions of diverse social sectors which allow fort he coordination of different rationalities.
Bruce K. Rutherford
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158044
- eISBN:
- 9781400846146
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158044.003.0006
- Subject:
- Political Science, Political Theory
This chapter observes that the path of institutional change advocated by market liberals shares important areas of agreement with the reforms advocated by supporters of liberal constitutionalism and ...
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This chapter observes that the path of institutional change advocated by market liberals shares important areas of agreement with the reforms advocated by supporters of liberal constitutionalism and Islamic constitutionalism. Each of these groups favors the creation of a more liberal state with effective constraints on its power, a clear and unbiased legal code, and protection of civil and political rights. However, there is no comparable degree of consensus on the value of broadening public participation in politics. This fact suggests that liberalism and democracy have become de-linked in the Egyptian case. Liberalism is likely to progress steadily in the future, while democracy is likely to advance slowly and unevenly. This trajectory may eventually lead to democracy at some point in the future, particularly if liberalism enhances the private sector's independence from the state and leads to a more autonomous and politically active middle class. However, this outcome is not inevitable.Less
This chapter observes that the path of institutional change advocated by market liberals shares important areas of agreement with the reforms advocated by supporters of liberal constitutionalism and Islamic constitutionalism. Each of these groups favors the creation of a more liberal state with effective constraints on its power, a clear and unbiased legal code, and protection of civil and political rights. However, there is no comparable degree of consensus on the value of broadening public participation in politics. This fact suggests that liberalism and democracy have become de-linked in the Egyptian case. Liberalism is likely to progress steadily in the future, while democracy is likely to advance slowly and unevenly. This trajectory may eventually lead to democracy at some point in the future, particularly if liberalism enhances the private sector's independence from the state and leads to a more autonomous and politically active middle class. However, this outcome is not inevitable.
Michael Burgess
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199606238
- eISBN:
- 9780191752476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606238.003.0009
- Subject:
- Political Science, Political Theory, Comparative Politics
The chapter builds upon the assumption established in the previous chapters that the successful operation of federalism can be achieved only if it is rooted in liberal democratic constitutionalism. ...
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The chapter builds upon the assumption established in the previous chapters that the successful operation of federalism can be achieved only if it is rooted in liberal democratic constitutionalism. To this end the chapter embarks on an initial journey of theoretical clarification before turning to investigate political culture and civil society as conceptual pathways into the foundation of liberal democratic constitutionalism. The investigation is designed to point up the significance of these two features selected as forming the basis of what we can identify as federal democracy. The chapter concludes by introducing a new classification of models of federal democracy and assesses their significance in relation to the new federal models.Less
The chapter builds upon the assumption established in the previous chapters that the successful operation of federalism can be achieved only if it is rooted in liberal democratic constitutionalism. To this end the chapter embarks on an initial journey of theoretical clarification before turning to investigate political culture and civil society as conceptual pathways into the foundation of liberal democratic constitutionalism. The investigation is designed to point up the significance of these two features selected as forming the basis of what we can identify as federal democracy. The chapter concludes by introducing a new classification of models of federal democracy and assesses their significance in relation to the new federal models.
David Dyzenhaus
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552207
- eISBN:
- 9780191709654
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552207.003.0008
- Subject:
- Law, Philosophy of Law, Constitutional and Administrative Law
This chapter mounts a defence of a liberal constitutionalism in which constitutional architecture is treated as eclipsing constituent power, not on the basis of the empirical inevitability of the ...
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This chapter mounts a defence of a liberal constitutionalism in which constitutional architecture is treated as eclipsing constituent power, not on the basis of the empirical inevitability of the legal taming of the political, but on account of the impossibility of developing normative accounts of how we might live together except on the basis of such a working assumption. Against Schmitt's claim that constitutional authority cannot escape its origins in constituent power, the chapter defends a liberal account of the rule of law.Less
This chapter mounts a defence of a liberal constitutionalism in which constitutional architecture is treated as eclipsing constituent power, not on the basis of the empirical inevitability of the legal taming of the political, but on account of the impossibility of developing normative accounts of how we might live together except on the basis of such a working assumption. Against Schmitt's claim that constitutional authority cannot escape its origins in constituent power, the chapter defends a liberal account of the rule of law.
John Kane, Haig Patapan, and Paul't Hart
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199562992
- eISBN:
- 9780191701856
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562992.003.0016
- Subject:
- Political Science, Comparative Politics
This book began by observing that most democratic theorists have difficulty in articulating a proper role for leadership, largely because none among democratic equals has any innate or inherent right ...
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This book began by observing that most democratic theorists have difficulty in articulating a proper role for leadership, largely because none among democratic equals has any innate or inherent right to rule over others. Democracy requires good leadership if it is to function effectively, yet the very idea of leadership seems to conflict with democracy's egalitarian ethos. In practice, democracy's tendency is not to eliminate leadership but to multiply it and disperse it throughout society to a rather extraordinary degree. There are many unique opportunities — as well as constraints — that leaders confront in negotiating the demands of their specific offices within the larger expectations of a democratic regime. This chapter reflects on these contributions and their implications.Less
This book began by observing that most democratic theorists have difficulty in articulating a proper role for leadership, largely because none among democratic equals has any innate or inherent right to rule over others. Democracy requires good leadership if it is to function effectively, yet the very idea of leadership seems to conflict with democracy's egalitarian ethos. In practice, democracy's tendency is not to eliminate leadership but to multiply it and disperse it throughout society to a rather extraordinary degree. There are many unique opportunities — as well as constraints — that leaders confront in negotiating the demands of their specific offices within the larger expectations of a democratic regime. This chapter reflects on these contributions and their implications.
Ivo Samson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244096
- eISBN:
- 9780191600371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019924409X.003.0014
- Subject:
- Political Science, Democratization
Shows the relative failure of Western pressure aimed at improving the democratic record of successive Slovak governments led by the former Prime Minister Vladimir Mečiar. The chapter points to ...
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Shows the relative failure of Western pressure aimed at improving the democratic record of successive Slovak governments led by the former Prime Minister Vladimir Mečiar. The chapter points to several factors that contributed to the ineffectiveness of Western influence. Firstly, the manner in which Slovakia achieved independence created unfavourable conditions for its democratic consolidation. The division of Czechoslovakia was accomplished against the will of the majority of Slovaks and officially presented as a rejection of rapid and radical transformation. Secondly, a new proud and insecure State tried to assert its independence of all external actors. Western pressure was often considered as alien to Slovak culture and in conflict with Slovak national interest. Thirdly, the former Prime Minister, Vladimir Mečiar, misread Western determination to bring about democratic reforms in Slovakia. It was wrongly believed that regardless of its many democratic flaws, Slovakia would soon become a member of the European Union and NATO, simply because of its unique geostrategic importance and decent economic performance. Bratislava thought that allowing free and relatively fair elections in Slovakia would be enough to satisfy Western actors. However, the West wanted Slovakia to embrace a Western‐type of liberal constitutionalism before considering its possible membership in the EU and NATO. Overall, Slovakia's misperception of its geopolitical uniqueness and paradoxes of its domestic political development led to serious misunderstandings about Western responses.Less
Shows the relative failure of Western pressure aimed at improving the democratic record of successive Slovak governments led by the former Prime Minister Vladimir Mečiar. The chapter points to several factors that contributed to the ineffectiveness of Western influence. Firstly, the manner in which Slovakia achieved independence created unfavourable conditions for its democratic consolidation. The division of Czechoslovakia was accomplished against the will of the majority of Slovaks and officially presented as a rejection of rapid and radical transformation. Secondly, a new proud and insecure State tried to assert its independence of all external actors. Western pressure was often considered as alien to Slovak culture and in conflict with Slovak national interest. Thirdly, the former Prime Minister, Vladimir Mečiar, misread Western determination to bring about democratic reforms in Slovakia. It was wrongly believed that regardless of its many democratic flaws, Slovakia would soon become a member of the European Union and NATO, simply because of its unique geostrategic importance and decent economic performance. Bratislava thought that allowing free and relatively fair elections in Slovakia would be enough to satisfy Western actors. However, the West wanted Slovakia to embrace a Western‐type of liberal constitutionalism before considering its possible membership in the EU and NATO. Overall, Slovakia's misperception of its geopolitical uniqueness and paradoxes of its domestic political development led to serious misunderstandings about Western responses.
T. R. S. Allan
- Published in print:
- 1994
- Published Online:
- March 2012
- ISBN:
- 9780198259916
- eISBN:
- 9780191682025
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198259916.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book makes a fresh appraisal of the main principles of constitutional law, seeking to stimulate renewed debate about the fundamentals of British constitutionalism. Rejecting a purely formal ...
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This book makes a fresh appraisal of the main principles of constitutional law, seeking to stimulate renewed debate about the fundamentals of British constitutionalism. Rejecting a purely formal concept of the rule of law, the book argues that public law should more fully and openly reflect the principles of liberty and justice which constitute the underlying point and substance of the rule of law. The connection between law and justice is ultimately secured by the primary role of the individual conscience in making judgements about what the law requires. And just as no court is ever an infallible arbiter of legal obligation — the individual may sometimes have to stand by his own conscientious reading of the law — Parliament cannot be accorded unqualified authority to change the law. The sovereignty of Parliament is necessarily limited by residual principles of liberal constitutionalism; any other view would contradict the rule of law. Standard comparisons between written and unwritten constitutions, and traditional accounts of the separation of powers, obscure more than they reveal. The interpretation and application of statutes must always be a matter of judicial deliberation and judgement, just as the application of government policies and administrative orders is ultimately subject to the requirements of justice in particular cases.Less
This book makes a fresh appraisal of the main principles of constitutional law, seeking to stimulate renewed debate about the fundamentals of British constitutionalism. Rejecting a purely formal concept of the rule of law, the book argues that public law should more fully and openly reflect the principles of liberty and justice which constitute the underlying point and substance of the rule of law. The connection between law and justice is ultimately secured by the primary role of the individual conscience in making judgements about what the law requires. And just as no court is ever an infallible arbiter of legal obligation — the individual may sometimes have to stand by his own conscientious reading of the law — Parliament cannot be accorded unqualified authority to change the law. The sovereignty of Parliament is necessarily limited by residual principles of liberal constitutionalism; any other view would contradict the rule of law. Standard comparisons between written and unwritten constitutions, and traditional accounts of the separation of powers, obscure more than they reveal. The interpretation and application of statutes must always be a matter of judicial deliberation and judgement, just as the application of government policies and administrative orders is ultimately subject to the requirements of justice in particular cases.
Gary Gerstle and Joel Isaac (eds)
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9780226712291
- eISBN:
- 9780226712468
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226712468.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Any discussion of the most fundamental of political decisions has to reckon with the towering figure of the German legal theorist, and jurist for the Nazi regime, Carl Schmitt. Schmitt is widely ...
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Any discussion of the most fundamental of political decisions has to reckon with the towering figure of the German legal theorist, and jurist for the Nazi regime, Carl Schmitt. Schmitt is widely thought to have shown that emergencies pose a profound challenge to the principles of liberal constitutionalism. But what happens when liberal regimes such as that of the United States face emergencies that appear to demand the suspension of legal rules? By definition, there can be no constitutional rule that governs the decision on when to suspend constitutional rules, since such a paradoxical rule—a rule that gives authority to abolish the rules—would likely compromise the very idea of a liberal constitutional order. Schmitt believed that liberals were evasive on this issue: their efforts to avoid the problem of the decision on the exception, he charged, led them to either normalize exceptions to the rule of law or to deny there could be such existential dilemmas for the state. Many scholars who are sympathetic to the cause of constitutional democracy are nonetheless convinced by Schmitt’s critique of the weaknesses of ‘legal liberalism’. The chapters in Part I of this volume address Schmitt’s thought and its implications for American political and constitutional history. The chapters in Part II take up a series of case studies of the theory and practice of emergency powers in American history.Less
Any discussion of the most fundamental of political decisions has to reckon with the towering figure of the German legal theorist, and jurist for the Nazi regime, Carl Schmitt. Schmitt is widely thought to have shown that emergencies pose a profound challenge to the principles of liberal constitutionalism. But what happens when liberal regimes such as that of the United States face emergencies that appear to demand the suspension of legal rules? By definition, there can be no constitutional rule that governs the decision on when to suspend constitutional rules, since such a paradoxical rule—a rule that gives authority to abolish the rules—would likely compromise the very idea of a liberal constitutional order. Schmitt believed that liberals were evasive on this issue: their efforts to avoid the problem of the decision on the exception, he charged, led them to either normalize exceptions to the rule of law or to deny there could be such existential dilemmas for the state. Many scholars who are sympathetic to the cause of constitutional democracy are nonetheless convinced by Schmitt’s critique of the weaknesses of ‘legal liberalism’. The chapters in Part I of this volume address Schmitt’s thought and its implications for American political and constitutional history. The chapters in Part II take up a series of case studies of the theory and practice of emergency powers in American history.
Paolo Pombeni
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600670
- eISBN:
- 9780191738203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600670.003.0007
- Subject:
- Political Science, Political Theory
Are political parties an unavoidable component of liberal constitutionalism? A historical enquiry shows us how troubled was the perception of political parties among Western European liberals. In the ...
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Are political parties an unavoidable component of liberal constitutionalism? A historical enquiry shows us how troubled was the perception of political parties among Western European liberals. In the mid nineteenth century, the understanding of them as inheritors of classical ‘demagogy’ was still competing with the Burkeian idea of parties as ‘honourable connexions’. What changed in subsequent years was the expansion of the franchise and the realization that what counted in politics was numbers not brains. A realistic approach then prevailed, which understood a constitution as a means of organized access to power based on popular consent. This raised the problems of ‘disciplining’ the popular vote, and parties became seen as a tool to organize democracy. After the Second World War, a party-based democracy became the accepted norm in Western Europe, but parties now transformed themselves from ‘Weltanschaaung’ into ‘catch-all’ parties.Less
Are political parties an unavoidable component of liberal constitutionalism? A historical enquiry shows us how troubled was the perception of political parties among Western European liberals. In the mid nineteenth century, the understanding of them as inheritors of classical ‘demagogy’ was still competing with the Burkeian idea of parties as ‘honourable connexions’. What changed in subsequent years was the expansion of the franchise and the realization that what counted in politics was numbers not brains. A realistic approach then prevailed, which understood a constitution as a means of organized access to power based on popular consent. This raised the problems of ‘disciplining’ the popular vote, and parties became seen as a tool to organize democracy. After the Second World War, a party-based democracy became the accepted norm in Western Europe, but parties now transformed themselves from ‘Weltanschaaung’ into ‘catch-all’ parties.
Rosalind Dixon and David Landau
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780192893765
- eISBN:
- 9780191914720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192893765.003.0008
- Subject:
- Law, Constitutional and Administrative Law
This chapter concludes by offering thoughts on how policymakers and scholars might design better responses to combat abusive constitutional borrowing, or the repurposing of liberal democratic ...
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This chapter concludes by offering thoughts on how policymakers and scholars might design better responses to combat abusive constitutional borrowing, or the repurposing of liberal democratic designs, doctrines, and concepts for anti-democratic ends. It suggests a set of ways in which international and transnational monitoring might be made more sophisticated in recognizing and responding to the problem. It also highlights how liberal democratic theorists and practitioners might seek to design and promulgate norms that are more robust against the sometimes substantial threat of abuse. Finally, it concludes by considering how the pervasiveness of mimicry—the use of liberal democratic forms for anti-democratic goals—informs debates about liberal democratic constitutionalism and democratic erosion. It suggests that a more open contestation about the content of liberal democratic norms, bounded mainly by respect for the democratic minimum core, may be the best antidote against the threat posed by abusive constitutional borrowing.Less
This chapter concludes by offering thoughts on how policymakers and scholars might design better responses to combat abusive constitutional borrowing, or the repurposing of liberal democratic designs, doctrines, and concepts for anti-democratic ends. It suggests a set of ways in which international and transnational monitoring might be made more sophisticated in recognizing and responding to the problem. It also highlights how liberal democratic theorists and practitioners might seek to design and promulgate norms that are more robust against the sometimes substantial threat of abuse. Finally, it concludes by considering how the pervasiveness of mimicry—the use of liberal democratic forms for anti-democratic goals—informs debates about liberal democratic constitutionalism and democratic erosion. It suggests that a more open contestation about the content of liberal democratic norms, bounded mainly by respect for the democratic minimum core, may be the best antidote against the threat posed by abusive constitutional borrowing.
Thomas P. Crocker
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780300181616
- eISBN:
- 9780300182217
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300181616.003.0001
- Subject:
- Political Science, American Politics
This chapter does not focus on the common-law or international doctrines of necessity but discusses the family of justificatory arguments that arise within liberal constitutionalism to the effect ...
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This chapter does not focus on the common-law or international doctrines of necessity but discusses the family of justificatory arguments that arise within liberal constitutionalism to the effect that “necessity knows no law.” It analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. The chapter also looks into post-9/11 counterterrorism practices of surveillance, detention, interrogation, and targeted killing. It observes the scope of the argument that transcends specific 9/11 terrorist practices in order to encompass the structure of constitutional thought of which policy choices arise.Less
This chapter does not focus on the common-law or international doctrines of necessity but discusses the family of justificatory arguments that arise within liberal constitutionalism to the effect that “necessity knows no law.” It analyzes the constitutional norms that fail to guide and constrain the choice of action through an analysis of what is appropriate. It explores how constitutional norms always apply as unavoidably normative constitutional questions during an emergency. The chapter also looks into post-9/11 counterterrorism practices of surveillance, detention, interrogation, and targeted killing. It observes the scope of the argument that transcends specific 9/11 terrorist practices in order to encompass the structure of constitutional thought of which policy choices arise.
STEPHEN TIERNEY
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199298617
- eISBN:
- 9780191708855
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298617.003.0009
- Subject:
- Law, Public International Law
The flourishing of the plurinational states appears to be important in less instrumental terms to those citizens who feel a deep bond with the larger project. The alternative — separation — is one ...
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The flourishing of the plurinational states appears to be important in less instrumental terms to those citizens who feel a deep bond with the larger project. The alternative — separation — is one which brings losses that stretch beyond economic and strategic considerations. The extent of contemporary constitutional and political disjuncture within plurinational states means that the task of making them work is not easy. This book has identified three areas where general improvements in both the theory and practice of liberal constitutionalism seem necessary to improve the health of the plurinational states. This chapter addresses these three issues.Less
The flourishing of the plurinational states appears to be important in less instrumental terms to those citizens who feel a deep bond with the larger project. The alternative — separation — is one which brings losses that stretch beyond economic and strategic considerations. The extent of contemporary constitutional and political disjuncture within plurinational states means that the task of making them work is not easy. This book has identified three areas where general improvements in both the theory and practice of liberal constitutionalism seem necessary to improve the health of the plurinational states. This chapter addresses these three issues.
W. H. Zawadzki
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203032
- eISBN:
- 9780191675676
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203032.001.0001
- Subject:
- History, European Modern History
This is a study of the extraordinary political career of Prince Adam Czartoryski, a Polish patriot who rose to become foreign minister of the Russian Empire under Tsar Alexander I. A controversial ...
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This is a study of the extraordinary political career of Prince Adam Czartoryski, a Polish patriot who rose to become foreign minister of the Russian Empire under Tsar Alexander I. A controversial figure in both Poland and Russia, he played a leading role in the struggle against Napoleon and was instrumental in the establishment of a Polish state at the Congress of Vienna. This book, based on in-depth research, explores the personal, political, ideological, and economic bases of Czartoryski's long association with Russia. It assesses his role in international relations during the Napoleonic era, and examines his contribution to the cause of enlightened reform. Czartoryski emerges as an intellectualizing statesman, a committed opponent of Napoleonic imperialism, an advocate of a new European order based on nationality and liberal constitutionalism, and an early exponent of Pan-Slavism.Less
This is a study of the extraordinary political career of Prince Adam Czartoryski, a Polish patriot who rose to become foreign minister of the Russian Empire under Tsar Alexander I. A controversial figure in both Poland and Russia, he played a leading role in the struggle against Napoleon and was instrumental in the establishment of a Polish state at the Congress of Vienna. This book, based on in-depth research, explores the personal, political, ideological, and economic bases of Czartoryski's long association with Russia. It assesses his role in international relations during the Napoleonic era, and examines his contribution to the cause of enlightened reform. Czartoryski emerges as an intellectualizing statesman, a committed opponent of Napoleonic imperialism, an advocate of a new European order based on nationality and liberal constitutionalism, and an early exponent of Pan-Slavism.
- Published in print:
- 2007
- Published Online:
- March 2013
- ISBN:
- 9780226314822
- eISBN:
- 9780226314860
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226314860.003.0009
- Subject:
- History, American History: Civil War
Sequestration and confiscation present an opportunity to explore the way competing property ideologies were tested and utilized in the midst of the Civil War. In particular, the confiscation debates ...
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Sequestration and confiscation present an opportunity to explore the way competing property ideologies were tested and utilized in the midst of the Civil War. In particular, the confiscation debates were a significant episode in a century-long shift in the conception of the Constitution from a near-perfect machine for the distribution of federal power toward its late nineteenth-century role as the ultimate protector of the natural rights of individual property. Even as war raged, the making of confiscation policy prompted fundamental questions about the basis of private property, the nature of the Constitution, and the relationship of individual property rights to the needs of the state. In antebellum America, the focus of American liberal constitutionalism slowly shifted to a greater reliance on the Constitution for protection of individual rights, particularly property rights, a process that was greatly accelerated after the Civil War. Confiscation was an important episode in this shift and contributed to the increasing dominance of a property regime-based, liberal, rights-oriented constitutionalism.Less
Sequestration and confiscation present an opportunity to explore the way competing property ideologies were tested and utilized in the midst of the Civil War. In particular, the confiscation debates were a significant episode in a century-long shift in the conception of the Constitution from a near-perfect machine for the distribution of federal power toward its late nineteenth-century role as the ultimate protector of the natural rights of individual property. Even as war raged, the making of confiscation policy prompted fundamental questions about the basis of private property, the nature of the Constitution, and the relationship of individual property rights to the needs of the state. In antebellum America, the focus of American liberal constitutionalism slowly shifted to a greater reliance on the Constitution for protection of individual rights, particularly property rights, a process that was greatly accelerated after the Civil War. Confiscation was an important episode in this shift and contributed to the increasing dominance of a property regime-based, liberal, rights-oriented constitutionalism.
Uladzislau Belavusau and Aleksandra Gliszczynska-Grabias (eds)
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780198864738
- eISBN:
- 9780191896774
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198864738.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This volume is designed to mark the outstanding legacy of Professor Wojciech Sadurski’s scholarship in the field of comparative constitutional law. It provides a rich palette of chapters that aim to ...
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This volume is designed to mark the outstanding legacy of Professor Wojciech Sadurski’s scholarship in the field of comparative constitutional law. It provides a rich palette of chapters that aim to rethink the state of the art in this field, in light of the latest challenges to the foundations of liberal constitutionalism. Edited by former doctoral students of Professor Sadurski, the volume transcends the celebration of his major academic contributions by linking his pioneering writings, inter alia on Central and Eastern Europe (CEE), to core dilemmas in the turbulent state of the rule of law in western democracies. It consolidates contributions by numerous current and former students, as well as colleagues and friends around the globe in admiration of his didactic style, tireless work, civil dedication, and priceless commentary influencing the work of generations of constitutional scholars. Besides drawing on Wojciech’s fields of interest, the book aims to provide a full overview of the crucial dilemmas in dealing with the current decline of liberal democracies and populist challenges to the rule of law throughout Europe—events that he predicted early on in his writings about the Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. The major themes of the chapters are thus as follows: 1. Populism and democratic decline in CEE; 2. The EU role: Article 7 TEU vis-à-vis the rule of law in Hungary and Poland; 3. Constitutional review and militant democracy: between public reason and new forms of populism.Less
This volume is designed to mark the outstanding legacy of Professor Wojciech Sadurski’s scholarship in the field of comparative constitutional law. It provides a rich palette of chapters that aim to rethink the state of the art in this field, in light of the latest challenges to the foundations of liberal constitutionalism. Edited by former doctoral students of Professor Sadurski, the volume transcends the celebration of his major academic contributions by linking his pioneering writings, inter alia on Central and Eastern Europe (CEE), to core dilemmas in the turbulent state of the rule of law in western democracies. It consolidates contributions by numerous current and former students, as well as colleagues and friends around the globe in admiration of his didactic style, tireless work, civil dedication, and priceless commentary influencing the work of generations of constitutional scholars. Besides drawing on Wojciech’s fields of interest, the book aims to provide a full overview of the crucial dilemmas in dealing with the current decline of liberal democracies and populist challenges to the rule of law throughout Europe—events that he predicted early on in his writings about the Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. The major themes of the chapters are thus as follows: 1. Populism and democratic decline in CEE; 2. The EU role: Article 7 TEU vis-à-vis the rule of law in Hungary and Poland; 3. Constitutional review and militant democracy: between public reason and new forms of populism.
Michael Burgess
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199606238
- eISBN:
- 9780191752476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606238.003.0003
- Subject:
- Political Science, Political Theory, Comparative Politics
The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is ...
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The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted that furnishes the basis for identifying the normative federal values and principles generally implicit in his work on the federal principle. This investigative approach clears the way for the federal spirit to be located at the core of his understanding of federalism.Less
The chapter provides a brief intellectual biography of Wheare and examines in detail his major contribution to the study of federalism. His distinctive approach to and understanding of federalism is revealed and a textual exegesis of his major works on federalism is conducted that furnishes the basis for identifying the normative federal values and principles generally implicit in his work on the federal principle. This investigative approach clears the way for the federal spirit to be located at the core of his understanding of federalism.
Albert Weale
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199684649
- eISBN:
- 9780191765063
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199684649.003.0006
- Subject:
- Political Science, Political Theory
Although deliberative theorists sometimes stress the importance of representation, the participatory political institutions of common property resource regimes cannot be directly transferred to great ...
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Although deliberative theorists sometimes stress the importance of representation, the participatory political institutions of common property resource regimes cannot be directly transferred to great societies. A good representative system will combine the functions of aggregation and representation. Political equality directly implies proportional representation. Majority voting in the legislature is the counterpart principle. Even when shifting coalitions of parties are decisive according to the rule of the issue-by-issue median, this does not negate a meaningful sense of deliberative rationality. Liberal constitutionalism cannot plausibly be made consistent with the democratic principle and counter-majoritarian institutions are deficient. The public reasoning of representative democracies involves a contest over the warrant of decision premisses and a bargaining to mutual advantage where disagreement persistsLess
Although deliberative theorists sometimes stress the importance of representation, the participatory political institutions of common property resource regimes cannot be directly transferred to great societies. A good representative system will combine the functions of aggregation and representation. Political equality directly implies proportional representation. Majority voting in the legislature is the counterpart principle. Even when shifting coalitions of parties are decisive according to the rule of the issue-by-issue median, this does not negate a meaningful sense of deliberative rationality. Liberal constitutionalism cannot plausibly be made consistent with the democratic principle and counter-majoritarian institutions are deficient. The public reasoning of representative democracies involves a contest over the warrant of decision premisses and a bargaining to mutual advantage where disagreement persists
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226645490
- eISBN:
- 9780226645520
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226645520.003.0005
- Subject:
- Political Science, Political Theory
This chapter analyzes Montesquieu's views on republican slavery, the commercial republic and its religiosity, liberal constitutionalism and its religiosity, and the application of the standard found ...
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This chapter analyzes Montesquieu's views on republican slavery, the commercial republic and its religiosity, liberal constitutionalism and its religiosity, and the application of the standard found in England. Montesquieu is keenly aware that the natural tendency or drift of despotism is toward stupid impoverishment and recurring chaotic self-destruction. But he believes that there is hopeful evidence that some major despots are learning to listen to the voice of the reasoning required by economic self-interest rightly understood.Less
This chapter analyzes Montesquieu's views on republican slavery, the commercial republic and its religiosity, liberal constitutionalism and its religiosity, and the application of the standard found in England. Montesquieu is keenly aware that the natural tendency or drift of despotism is toward stupid impoverishment and recurring chaotic self-destruction. But he believes that there is hopeful evidence that some major despots are learning to listen to the voice of the reasoning required by economic self-interest rightly understood.