Dieter Grimm
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780198766124
- eISBN:
- 9780191829277
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198766124.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter considers whether the Verhandlungsdemokratie (negotiative democracy) can be constitutionalized. This issue is predicated on two assumptions: that the political system has acquired ...
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This chapter considers whether the Verhandlungsdemokratie (negotiative democracy) can be constitutionalized. This issue is predicated on two assumptions: that the political system has acquired characteristics of a negotiative democracy, and that the practice referred to as ‘negotiative democracy’ is not constitutionally regulated and that it should be. This chapter aims to complement earlier analyses on the topic of negotiative democracy or the ‘bargaining state’. The term ‘negotiative democracy’ is used here to designate a political system in which bi-directional private–public negotiation processes emerge that informally arrive at a result which is either implemented in the form of legal norms by the responsible state bodies or is regarded by the negotiating parties as binding without attaining the status of legal validity. The chapter notes that a number of fundamental constitutional provisions like democracy and the rule of law are partly undermined by this practice.Less
This chapter considers whether the Verhandlungsdemokratie (negotiative democracy) can be constitutionalized. This issue is predicated on two assumptions: that the political system has acquired characteristics of a negotiative democracy, and that the practice referred to as ‘negotiative democracy’ is not constitutionally regulated and that it should be. This chapter aims to complement earlier analyses on the topic of negotiative democracy or the ‘bargaining state’. The term ‘negotiative democracy’ is used here to designate a political system in which bi-directional private–public negotiation processes emerge that informally arrive at a result which is either implemented in the form of legal norms by the responsible state bodies or is regarded by the negotiating parties as binding without attaining the status of legal validity. The chapter notes that a number of fundamental constitutional provisions like democracy and the rule of law are partly undermined by this practice.
- Published in print:
- 2007
- Published Online:
- June 2013
- ISBN:
- 9780804755962
- eISBN:
- 9780804768290
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804755962.003.0009
- Subject:
- Anthropology, Social and Cultural Anthropology
This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process ...
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This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process of the OT is participatory in nature and can be viewed as spaces of public negotiation (i.e. between citizens and the state and among the citizens). It describes the different spaces and procedures of territorial organization and discusses unauthorized conflicts and authorized categories. From here the chapter turns to the 1991 Colombian Constitution, which helps link the notion of territory to the idea of participation, especially in terms of the Indigenous communities. Changes in the territorial order that began in 2000 and state authority are other concepts that are examined in this chapter.Less
This chapter is concerned with the Planes de Ordenamiento Territorial (OT), which were created to start distributing jurisdictions between territorial and national entities. It shows that the process of the OT is participatory in nature and can be viewed as spaces of public negotiation (i.e. between citizens and the state and among the citizens). It describes the different spaces and procedures of territorial organization and discusses unauthorized conflicts and authorized categories. From here the chapter turns to the 1991 Colombian Constitution, which helps link the notion of territory to the idea of participation, especially in terms of the Indigenous communities. Changes in the territorial order that began in 2000 and state authority are other concepts that are examined in this chapter.
