It examines how such decisions have substantial effects on the sovereignty of nation states and on the lives of citizens, independent of the ratification of a constitution. Few efforts have been made to document constitution building in a systematic and comparative manner, including the different steps and stages of this process. This book examines European Constitution-building by tracing the two-level policy formation process from the draft proposal of the European Convention until the Intergovernmental Conference, which finally adopted the document on the Constitution in June 2004. Following a tight comparative framework, it sheds light on reactions to the proposed constitution in the domestic arena of all the actors involved. It includes a chapter on each of the original ten member states and the fifteen accession states, plus key chapters on the European Commission and European Parliament.
This book will be of strong interest to scholars and researchers of European Union politics, comparative politics, and policy-making.
Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world.
Critical Theory and Democracywill be of interest to critical and social theorists, and all Arato scholars.
In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states.
Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.
Conservative legal scholar Adam Freedman has written a spirited manifesto on the need to recover the original meaning of America’s Constitution—an intelligent, incisive examination of what our nation’s founding fathers actually wrote in this all-important document and why it still matters today. Freedman’s The Naked Constitution offers a lively defense of “original intent” in the vein of the Glen Beck bestseller The Original Argument, while decrying the current distortions and misrepresentations that will come into play as high profile lawsuits concerning such issues as healthcare, immigration, and gay marriage begin reaching the Supreme Court.
This book deals with four themes which make up the main sources of the ‘constitutional crisis’:The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy.
These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Breslin lays out and explains the basic functions of a modern constitution—including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also discusses the theoretical concepts behind the fundamentals of written constitutions and examines in depth some of the most important constitutional charters from around the world. In assaying how states put structural ideas into practice, Breslin asks probing questions about why—and if—constitutions matter.
Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state’s foundational document must address. Breslin draws a critically important distinction between constitutional texts and constitutional practice.-- Robert L. Tsai
O’Neill goes far beyond a simple account of the EU Constitution, focussing also on the response to the current crisis of confidence between the Union and its citizens and how those in power have responded to the challenge.
Making a substantial contribution to literature on the EU, key discussion points include:
The political crisis behind the Constitution
The power politics at work in the negotiations
How the Constitution affects EU policymaking
The impact on the citizens of the EU
This is essential reading for all those wishing to understand the background to one of the key areas within European Politics.
Michael O’Neill is Jean Monnet Professor in EU Politics at Nottingham Trent University.
Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals.
Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.
Founding Acts explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age. Serdar Tekin argues that the process of making a constitution, or its pedigree, is as morally and politically significant as its content. Consequently, democratic constitution-making is not only about making a democratic constitution but also about making it, as much as possible, democratically.
Tekin develops two overarching arguments in support of this claim. First, citizen participation in the process of constitution-making is essential to the democratic legitimacy of a new constitution. Second, collective action, that is, the political experience of constructing public life together, is what binds diverse people into a democratic peoplehood. Bringing into dialogue a wide range of canonical and contemporary thinkers, Tekin examines historical realities extending from revolutionary America and France to contemporary South Africa and Germany.
This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity.
This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.
Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own.
Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes.
A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.
This book aims to improve the understanding of the set of mechanisms through which democratic control is exerted over EU external action, in times of profound transformations of the legal and political architecture of the European integration process. It analyses the role of the Court of Justice in the democratisation of international relations through EU law, and further provides a legal overview of the role of the European Parliament in the conduct of the EU's international relations. In those areas where the powers of the Parliament have greatly increased the book aims to raise questions as to whether this enhanced position has contributed to a more consistent external action. At the same time, the book aims to contribute to the debate on judicial activism in connection with the democratisation of EU external action. It offers the reader a detailed and topical analysis of the recent developments in democratic control of external action which are of relevance in the daily practice of EU external relations lawyers, including the topic of mixed agreements
This text will be of key interest to scholars and students working on EU external relations law, EU institutional law, European Union studies/politics, international relations, and more broadly to policy-makers and practitioners, particularly to those with an interest on the European Parliament and the Court of Justice of the European Union.
The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the ‘imperial presidency’ episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.
John Marshall’s Constitutionalism is an exploration of Supreme Court Chief Justice John Marshall’s political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall’s thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall’s political theory emphasized the federal Constitution’s fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall’s devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall’s constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution’s role in the United States today.
“Ray’s deep analysis shows how Chief Justice John Marshall’s constitutional thought can inform our thinking today about issues of legitimacy, federalism, and national identity.” — Frank Colucci, Purdue University Northwest
This volume will be an invaluable resource for those who wish to understand the dynamics of secessionist movements and as such will appeal to students and scholars of Asian and European politics, comparative politics, international relations and conflict studies. It will also be helpful to practitioners and policy-makers who wish to understand and contribute to the resolution of such conflicts.
Organized into three sections, this collection begins with an exploration of the broad changes in Europe's security environment relating to issues such as terrorism and the rising importance of energy security. The second section describes the adaptations of Europe's institutional framework, including the transformation of NATO and the evolution of European armed forces, while the closing essays examine regional security issues with the Middle East, the Balkans, and Russia. Covering a broad spectrum of theoretical approaches and written in a clear, engaging style, European Security Since the Fall of the Berlin Wall will illuminate European security debates for years to come.