In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

Ever since the 19th century, political parties and free media were widely deemed indispensable for the proper functioning of representative democracy. They constituted what one might call the criti...

The article examines the compatibility of agonistic democracy and populism as well as their relationship to the idea of constitutionalism. The first part shows that Chantal Mouffe’s recent attempts to reconcile her normative approach of an agonistic pluralism with a populist style of politics are not fully convincing. Although there are undeniable commonalities between an agonistic and a populist understanding of politics – the appreciation of conflict, the rejection of moralistic and juridical modes of conflict resolution etc. – the populist (...) mode of the construction of the people (and the denunciation of political opponents as enemies of the people) risks impeding the transformation of antagonistic into agonistic modes of political contest. The tensions between agonism and populism are especially evident in matters of constitutionalism. This topic is examined in the second part of the article, which provides some ideas for reducing the normative and institutional blind spots of contemporary theories of agonistic democracy. It focuses on elementary principles for an agonistic concept of democratic constitutionalism that differs from the populist view of the relationship between politics and law, especially in respect of its interpretation of the concept of ‘resistibility’ of legal norms. (shrink)

This article explores the possibility of a notion of left-wing populism that is conceptually opposed to the identitarian logic of embodiment that characterises right-populist interpellations of ‘th...

Constitutional reform has been an important means to push populist authoritarian agendas in Hungary, Poland, Turkey and Venezuela. The embrace of constitutional means and rhetoric in pursuit of these agendas has led to the growing recognition of ‘populist constitutionalism’ as a contemporary political phenomenon. In all four examples mentioned above, democracy, popular sovereignty and direct plebiscitary appeal to the people is the rhetorical and justificatory framework for constitutional reform. This, I worry, gives democracy a bad name and reinforces the widespread (...) suspicion that citizens should not be directly involved in constitutional reform as popular participation can lead to dangerous majoritarianism and is easily manipulated by elite actors seeking to weaken constitutional checks and balances. But the problem, I argue, is not inherent in citizen’s participation in constitutional reform. In contrast to populist constitutionalism, I develop an idea of deliberative constitutionalism in which citizens can participate in constitution-making and reform without hijacking constitutionalism for majoritarian, nationalist or anti-pluralist ends. Deliberative constitutionalism as I understand it has four features: a Habermasian co-originality thesis that articulates the interdependence of democracy and liberalism mediated by a conception of discourse; a proceduralized idea of popular sovereignty that reduces the tension between appeal to the people and respect for pluralism; the centrality of the public sphere over the voting booth as the cradle of democracy; institutional innovations intended to include citizens in constitutional reform but avoid majoritarian and populist pathologies. (shrink)

This paper argues that the critique of depoliticization in Mouffe’s agonistic political theory needs to be revised. This is because her account of the political does not succeed in filtering out undesirable forms of politicization such as science denialism and other types of post-truth politics. Mouffe's conception of the common symbolic space does not accomplish the task of limiting extreme pluralism in the absence of certain standards about how to correctly apply the fundamental notions of this space. By drawing on (...) a quasi-Wittgensteinian reading of linguistic normativity, I develop principled but non-universalist limits on politicization that are needed for a healthy, well-functioning democracy. (shrink)

A critical analysis of Diana Fuss's Essentially Speaking: Feminism, Nature, and Difference and Elizabeth Grosz's Sexual Subversions: Three French Feminists.