This paper aims to present how logic may undermine a parliamentary assault on democratic institutions based on the analysis conducted with reference to the so-called Polish constitutional crisis. I analyse whether a law can be reviewed on the basis of this law itself. The Polish Constitutional Tribunal faced such a problem while passing the verdict of 9th March, 2016, regarding the constitutionality of the amendment to the Statute on the Constitutional Tribunal from 22nd December, 2015. This (...) problem, called a ‘verdict paradox’, was claimed to be a type of the Liar paradox. I argue that, contrary to the common view, the problem of the verdict paradox is not based on the Liar paradox; for this purpose, a logical analysis is applied to four variants of a reasoning with regard to the constitutionality of the said amendment. The distinction between two levels of analysis concerning emerging reasonings, namely an abstract level and a concrete level placed in the context of the legal system, is also introduced. This paper demonstrates that although only two variants of the reasoning concerning a law’s judicial review based on the law itself involve logical contradiction, the possibility of employing reasonings from other variants must be excluded, albeit due to alternative reasons. Therefore, the Constitutional Tribunal’s decision to avoid the verdict paradox by passing over the reviewed provisions in the review process was correct and might be perceived as an example of how logic and reason can defend the institutional guarantees of political freedom. (shrink)

How are we to understand and analyse the constitutional tension in Turkey between the judiciary and the political sphere? In this article the issue is mirrored in the political crisis which started in April 2007 with the nomination of Abdullah G l as presidential candidate by the moderate Islamist Justice and Development Party (AKP). The more detailed empirical background consists primarily of the dress code problematics including the matter of party closure. Theoretically, the “hegemonic preservation” thesis elaborated by (...) Ran Hirschl turned out to be a useful instrument when it comes to explaining this political crisis as well as the origin of the so-called new constitutionalism. This is illustrated by the judicial activism in the headscarf affair as well as by the eagerness of the Republican People's Party (CHP), as the political representative of the secular establishment, to play the 'Atat rk card' and to submit the protection of their interest to an independent judiciary and not to the uncertainties of the mechanisms of majoritarian democracy. However, with regard to the current Turkish case my analysis also shows that Hirschl's thesis is too static and should be complemented with a more dynamic perspective of constitutional politics as a repeated game. One example of this is that even if the Turkish Constitutional Court (TCC) had declared the constitutional amendment on the headscarf invalid and voted for economic sanctions against the AKP, it did not close the party down. (shrink)

This article analyses the constitutional crisis that was triggered in Chile by the events of 18 October 2019. The purpose is to explain the link between the constitution and social unrest and to explore whether a constituent process, such as the one designed in Chile, has the potential to address the unrest that produced it. The failed experience of Bachelet’s constituent process and the Latin American reform processes of the last thirty years show the threats and challenges of (...) the future Chilean constitution. (shrink)

Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the (...) national level relies on the formation of robust normative systems at the international level. On this basis, he argues that democracy is frequently exposed to crisis because the normative terms in which it is promoted and justified tend to simplify its nature. These terms create a legitimising space in which anti-democratic movements, typically with a populist emphasis, can take shape and flourish. (shrink)

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. (...) The critical reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

Europe's economic constitution is obviously affected in a very fundamental way. There is every reason to depart from an historical reconstruction of the origins of the economic constitution in the early 1920s, to consider its remarkable renaissance in postwar Germany, and to explore against this background its emigration to the European level of governance as well as its development and metamorphosis in the integration process. This chapter focuses on the Economic and Monetary Union (EMU), which, once hailed as the crowning (...) achievement of Europe's market building and the precursor of a more truly political Union, has become the epicenter of the present crisis. Ordoliberalism and the social‐market economy managed to coexist peacefully and dominated public opinion. The chapter also discusses the practices of Europe's crisis management and the specifics of the governance modes that they are generating. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions (...) and remuneration, which were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

Neither Critical Theory nor western Marxism ever understood crises as being solely concerned with the economy. Both saw them rather as necessarily involving consciousness and subjectivity as well. How does Critical Theory conceptualize economy and subjectivity as inseparable? This is the crucial question. Critical Theory claims, indeed, that it shows the inner connection between the economy and subjectivity. In its first generation, at any rate, Critical Theory meant to show that the economy is a constitutive part of subjectivity, while also (...) being its blind spot; or even that the economy is its blind spot because it is essentially constructive of subjectivity. The article will specify the connection between the economy and subjectivity and then will indicate the blind spot. While Critical Theory does not fully pinpoint the blind spot in this connection, by tracing the discussion that followed its first generation we may better find out what this blind spot might be. (shrink)

The Eurozone Crisis is not just a monetary and economic challenge. It is as well the first tremendous challenge of the European Community and as well the national institutions and constitutions of the member states not only within the Eurozone. On one side the European Commission, the European Parliament and the ECB with its endeavours to safeguard and stabilize the single currency EURO within the Eurozone, to support the suffering countries in the south with its struggle against speculative hedge (...) funds, to render financial relief measures to those countries and its financial industry. Irrespective the fact governments and citizens within that countries, less appear to appreciate or honor that measures as efficient help to stabilize but condemn as form of European paternalism and patronage. On the other hand the countries and its citizenship especially in the north of the Eurozone to set a stop sign to the EU and the ECB. Therefore they stress the Maastricht criteria and cite the Art 125 of the TEU, which prohibits one nation to stand for or to be liable for the Government debts of another nation. Especially in the German perspective the demarcation line appears to run along between the European Commission, European Central Bank and European Court on the European side and the Bundesverfassungsgericht, the Bundesbank on the national German side. Each of the institutions feels to be bound to its origin functions and principles and save the respective constitution and the task rendered by that constitution. For a better understanding it is essential to get aware of and to reinforce the constitutional role which the Grundgesetz awarded to the Bundesverfassungsgericht and the Bundesbank and the German citizenship placing their confidence in these institutions. Es soll konkret das Verhältnis zur Nichtbeistandsklausel No-Bail-out Klausel Art 125 AEUVertrag, den Europäischen Fiskalpakt / dem ESFS, ESM / dem OMT-Programm der EZB, möglichen Entwicklung des EU zur Haftungs- und Transferunion mit einem zukünftigen Haftungsautomatismus der Mitglieder, der Unterscheidung von gemeinsamer Währungspolitik und nationaler Wirtschaftspolitik, der drohenden Vergemeinschaftung von Staatsschulden einzelner EU-Länder, die Budgethoheit des nationalen Parlaments als freie Entscheidung über die Verwendung des nationalen Haushaltes untersucht werden. Mit allen diesen Fragen mussten sich das höchste Deutsche und Europäische Gericht in jüngster Vergangenheit intensiv beschäftigen. (shrink)

This paper explores the relationship between crisis and experience, concentrating on ‘excentric positionality’ in relation to the shared world, as presented in the work of Helmuth Plessner. A by-product of the 1920s Weimar Germany, Plessner’s philosophical anthropology, it is argued, presents us with a forgotten blueprint for transitive and compositional approaches to the social world. Instead of the familiar ‘crisis of experience’ used to diagnose ‘what has gone wrong’, it allows us to re-learn how to work with ‘the (...) experience of crisis’ itself. The latter holds the key to a different type of approach based on ‘xeno-communication’. This type of communication utilizes the productive potential of crisis in its uncertainty and hesitation before a decision, showing a way to extend and enlarge experience itself. Cultivation of these ‘excentric’ dynamics in turn suggests new ‘excentric methodologies’ based on a more flexible fit between concepts and the worlds they are meant to describe. ‘Excentric methodologies’ constitute a type of experience-based, analytical response to the shared world. They work with phenomena across spaces and problems, analytically utilizing their joint emergence from the fundamental imbalance and discontinuity characteristic of the human environment. (shrink)

Book Reviews in This Article:William J. curran Larry Gostin, and Mary Clark, Acquired Immunodeficiency Syndrome: Legal and Regulatory Policy.

The European Stability Mechanism is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated (...) rulings in legal challenges to the legal provisions establishing the ESM, courts avoided upsetting the complex arrangements in question by producing legal decision of direct political import and letting EU bailout measures go forward. In looking over different critical responses, we have seen an argument raised by media and legal scholars, according to which courts’ capitulation before the power of financial markets in the EMS rulings represents “a sign of judicial crisis” that marks the weakness of modern European jurisprudence. In light of their importance, we undertake a preliminary semiotic analysis of the ESM rulings of the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Our analysis aims at discerning the crucial aspects of those rulings is performed on the basis of different semiotic methodologies combined with the refined ideas of the Scandinavian analytical school of the doctrinal study of law. In traditional legal studies there seems to be a taken for granted assumption that there is one analytical way to dissect judicial reasoning of the supreme courts. This paper argues that the manner of analyzing the constitutional reasoning needs to be congruent with the particular research methodology. (shrink)

This article examines the political crisis that has appeared in the constitutions of 28 democratic states. The units of analysis have been chosen using the criterion of a modern and formal constitution. Using the systemic paradigm, the article proposes an institutionalist ap- proach. After explaining the role of the main institutions, the article focuses itself on identifying the mechanisms of crisis as they are provided by constitutions (i.e. the vote of no-confidence, the motion of censure, the vacancy etc.). (...) We have observed that the correlation between the institutional arrangement and the number of crisis mechanisms is not very strong one. The article concludes that in order to explain the reaction of a political system towards a crisis situation it is not sufficient to draw on the constitution, an understanding of the political tradition and of the recent political experiences being absolutely necessary. (shrink)

For the theorists of crisis, the revolutionary state comes into existence through violence, and due to its inability to provide an authoritative katechon (restrainer) against internal and external violence, it perpetuates violence until it self-destructs. Writing during extreme economic depression and growing social and political violence, the crisis theorists––Joseph de Maistre, Juan Donoso Cortés, and Carl Schmitt––each sought to blame the chaos of their time upon the Janus-faced postrevolutionary ideals of liberalism and socialism by urging a return to (...) pre-revolutionary moral and religious values. They are united by three counterrevolutionary principles, all of which are purported to remedy revolutionary violence: traditional constitutional fidelity, the philosophy of the decision, and opposition to bourgeois liberalism. This essay is followed by the first complete English translation and publication of Donoso’s letter of October 24, 1851, which contains Donoso’s only reference to the “discussing class,” a political entity later popularized by Schmitt in his 1922 work Political Theology. (shrink)

Husserl’s first work formulated what proved to be an algorithmically complete arithmetic, lending mathematical clarity to Kronecker’s reduction of analysis to finite calculations with integers. Husserl’s critique of his nominalism led him to seek a philosophical justification of successful applications of symbolic arithmetic to nature, providing insight into the “wonderful affinity” between our mathematical thoughts and things without invoking a pre-established harmony. For this, Husserl develops a purely descriptive phenomenology for which he found inspiration in Mach’s proposal of a “universal (...) physical phenomenology.” To account for applications to any domain, Husserl envisages a theory of all possible deductive systems, which he develops extensively in his Göttingen lectures wherein he engages with Hilbert’s work on deductive systems for geometry, real arithmetic, and physics. This leads Husserl to formulate claims of decidability and proofs of completeness for various arithmetics that result from his analysis of Kronecker’s general arithmetic. Careful attention to these proofs seem to show that Husserl was not oblivious to problems that underlie our incompleteness theorems, namely that of showing that some inversions of his algorithmic arithmetic are undefined. His growing preoccupation with the issue of a pre-established harmony between mathematical thought and reality motivate his pursuit of a “supramathematics” of all possible complete theory forms to demystify such harmony, by having such a form on hand for describing any empirical domain. He soon decides that a transcendental idealism of nature will reveal the wonderful affinity of thoughts and things comprising such harmony, to be a wonderful “parallelism of objective unities and constituted manifolds of consciousness.” But the paradoxes of logic and set theory cloud the clarity of mathematics, which Weyl would restore with Brouwer’s intuitionism and Hilbert with his metamathematics. Husserl informed Weyl that his student Becker had formulated a phenomenological foundation not only for Weyl’s generalization of relativity theory but also for the Brouwer-Weyl continuum. But Weyl eventually rejected much of Becker’s work, especially when it became clear that his phenomenological intuitionism could not account for the success of Hilbert’s transfinite mathematics in quantum physics. Becker responded to this “crisis of phenomenological method” with his mantic phenomenology celebrating the magic of mathematical mysticism, which Husserl finally rejects in favor of a pluralistic phenomenology of mathematics and nature. (shrink)

Translated by Ciaran Cronin. 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. (shrink)

Both in scholarship on the Weimar Republic and in historical research in general, many conceptions of ‘crisis’ tend to remain vague and difficult to operationalize. These operational defects of the concept of crisis arise inevitably, we argue, from the concept’s constitutive link to human perception on the one hand and from its subsumption of complex interconnections of historical processes within different subsystems on the other. Frequently today, in both ordinary and historiographical usage, this basic openness of the concept (...) of crisis is foreclosed when it is deployed with a solely negative connotation of ‘downfall’ and ‘decline’, or of something being thrown into question or jeopardy. Such uses obscure a way in which a crisis can evoke not only the pessimistic sense of a threat to the old order but also the optimistic scenario of a chance for renewal. A one-sidedly negative understanding of crisis as prelude to calamity, we argue here, is problematic for historical research for two reasons. Firstly, it obscures comprehension of the consciousness of actors in the relevant period who at any particular moment can have had no prior knowledge of the crisis’s outcome. Secondly, it tends to reify the relevant crisis and to occlude its basic character as something narratively constructed in the accounts of both contemporaries and subsequent historiography. (shrink)

Translated by Ciaran Cronin. 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. (shrink)

This study explores the attitude of German psychiatrists in leading positions towards joint crisis plans and psychiatric advance directives. This topic was examined by contacting 473 medical directors of German psychiatric hospitals and departments. They were asked to complete a questionnaire developed by us. That form contained questions about the incidence and acceptance of joint crisis plans and psychiatric advance directives and previous experiences with them. 108 medical directors of psychiatric hospitals and departments responded . Their answers demonstrate (...) that in their hospitals these documents are rarely used. Among the respondents, joint crisis plans are more accepted than psychiatric advance directives. There is a certain uncertainty when dealing with these instruments. Our main conclusion is that German psychiatry needs an intensified discussion on the use of instruments for patients to constitute procedures for future critical psychiatric events. For this purpose it will be helpful to collect more empirical data. Furthermore, the proposal of joint crisis plans in psychiatric hospitals and departments should be discussed as well as the possibility of consulting an expert during the preparation of a psychiatric advance directive. (shrink)

In a recent keynote speech Paul Standish noted ‘there is agreement in judgments. But how the response to those judgments is realised is always cultural’. Making judgments about what constitutes ‘crisis’ for children is not necessarily agreed universally, though clearly there are some commonalities across many countries, as evident in United Nations on the Convention of the Rights of the Child agreements. This article examines the local rhetoric and reality of ‘crisis’ for children in countries across the world. (...) What constitutes a crisis for children, and how this plays out in the contexts of nine countries is explored by the authors based on the insights of each countries’ Chapter representatives. Policies will be juxtaposed with provision based on the experiences of OMEP members reporting from their various contexts. Taken together they provide a contextualised perspective on ‘crisis’ and its relationship to a non-absolutist foundation to children’s rights. The article concludes that what constitutes crisis from a global perspective warrants consideration in the context of local reality—in this locale the concept of every child as having access to ‘rights’ is far from realisation. (shrink)

Constitutions are not just legal texts but form a narrative with an engaging plot, a hierarchy of actors and a distinct ideology. They can be read and interpreted as literary texts. The four constitutions in 20th century Russia can be attributed to specific genres. Moreover, they interact closely with the official culture of their time. The constitutions serve an important task in the cultural self-definition of Russian society which as a rule occurred in moments of ideological crisis. The case (...) of Russia is especially intriguing since the Utopian project of a just society needed in every stage of its evolution a new convincing design which was able to guarantee the citizens' loyalty to the state. (shrink)

The present article constitutes an attempt to analyse the historical causes of the present crisis affecting the Arab world and the failure to build modern states in this region. It has to be noticed that from the three main ethnic groups constituting the pillars of the Middle East, i.e. the Persians, the Arabs and the Turks, the Arab failure and the generalization of violence in Arab societies and between Arab states is to be adequately analysed in order to be (...) able to contribute to peace, reform and a dignified life for Arab citizens. Different historical factors are identified in the article, some of them internal to Arab societies, but inextricably linked to massive foreign interferences in the region. The last of these interferences are linked to the instrumentalization of religion in the last period of the cold war in order to stop the extension of Soviet and communist influence in the Arab and Muslim world. Since then, this use of religion for political purpose in the conflicts about supremacy in the region has destroyed ethics and citizenship and given rise to generalized violence and acts of terrorism, in addition to other economic and social factors that are identified in the article. (shrink)

The current crisis is one outcome of the financialisation of contemporary capitalism. It arose in the USA because of the enormous expansion of mortgage-lending, including to the poorest layers of the working class. It became general because of the trading of debt by financial institutions. These phenomena are integral to financialisation. During the last three decades, large enterprises have turned to open markets to obtain finance, forcing banks to seek alternative sources of profit. One avenue has been provision of (...) financial services to individual workers. This trend has been facilitated by the retreat of public provision from housing, pensions, education, and so on. A further avenue has been to adopt investment-banking practices in open financial markets. The extraction of financial profits directly out of personal income constitutes financial expropriation. Combined with investment-banking, it has catalysed the current gigantic crisis. More broadly, financialisation has sustained the emergence of new layers of rentiers, defined primarily through their relation to the financial system rather than ownership of loanable capital. Finally, financialisation has posed important questions regarding finance-capital and imperialism. (shrink)

The contemporary crisis in AmericanEducation that has resulted in Bush sponsoredfederal legislation for accountability andstandardized testing is the setting for anessay introducing the work of Frenchphilosopher, Julia Kristeva. The comparison isbetween an ``educated subject'' that might wellcome to be constituted in schooling at presentand a ``subject-in-process.'' In a strikinglydifferent vision of human potential, the latterindividual, with open-ended, non-perfectdevelopment, entails the possibility ofpersonal, societal and educational change.Kristeva's theory, based greatly in areinterpretation of Freud, and incorporatingthe semiotic, abjection and love, and (...) revolt iscentral. (shrink)

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on (...) presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses (...) the current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

The article begins with a selective outline of social theories of crisis. Such crisis diagnosis is important for general, societal argumentation. The current article positions normative-critical theories and Luhmann’s own version of system theory on opposite sides of the societal argument about the future of Europe and, generally, postnational society. The former supports moral and ethical visions of egalitarian pluralism, and the latter emphasizes the need to conform to the functional, communication logics of self-organizing social systems. It is (...) then proposed that if rival social theoretical traditions, the above named and others, are to engage in meaningful normative argument with one another, they must develop a minimal, shared understanding of what should constitute the theory of society. In pursuit of this goal, the article advances a shared, minimal, theoretical framework that addresses both the full spectrum of the normative culture of modernity and its critique, no matter from which social standpoint or theoretical tradition the latter is advanced. In conclusion, asserting its own normative standpoint, it is argued that both a European cultural model and a constitutional order based on cosmopolitan solidarity are needed. Such a model should assert moral principles of justice, equality, responsibility, and legitimacy that would adequately respect and include the full variety of milieus and associational forms in contemporary European society, not just those of the present elite. Such a model should not simply be abstractly asserted, though that is an essential first step, but its conditions of possibility should be supported by appropriate social research that would investigate capacities for transnational democratic innovation and the formation of substantive moral principles among European publics. (shrink)

The present article constitutes an attempt to analyse the historical causes of the present crisis affecting the Arab world and the failure to build modern states in this region. It has to be noticed that from the three main ethnic groups constituting the pillars of the Middle East, i.e. the Persians, the Arabs and the Turks, the Arab failure and the generalization of violence in Arab societies and between Arab states is to be adequately analysed in order to be (...) able to contribute to peace, reform and a dignified life for Arab citizens. Different historical factors are identified in the article, some of them internal to Arab societies, but inextricably linked to massive foreign interferences in the region. The last of these interferences are linked to the instrumentalization of religion in the last period of the cold war in order to stop the extension of Soviet and communist influence in the Arab and Muslim world. Since then, this use of religion for political purpose in the conflicts about supremacy in the region has destroyed ethics and citizenship and given rise to generalized violence and acts of terrorism, in addition to other economic and social factors that are identified in the article. (shrink)

To ask about the nature of a concept of the Left is to recognize the radical crisis that the Left has been in for more than a century. During this time the labor movement has gone through crises and defeats, but only now we are beginning to realize that it is not so much a crisis or a defeat but a general process of dissolution of fundamental notions which constituted the Left's identity. It is no longer clear what (...) it means to be on the Left, or what consequences it has for political economy, social policy and civil rights. The question is whether this crisis is a weakening of the ability to comprehend the present…. (shrink)