Civil Society Constitution and Legitimacy

Author: Andrew Arato
Publisher: Rowman & Littlefield Publishers
ISBN: 074257363X
Format: PDF, Mobi
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Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies.

Civil Society and Legitimate European Governance

Author: Stijn Smismans
Publisher: Edward Elgar Publishing
ISBN: 1847200192
Format: PDF, ePub, Mobi
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Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.

Constitution Making Under Occupation

Author: Andrew Arato
Publisher: Columbia University Press
ISBN: 0231143028
Format: PDF
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The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Post Sovereign Constitution Making

Author: Andrew Arato
Publisher: Oxford University Press
ISBN: 0191074020
Format: PDF, ePub, Docs
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Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

North American Critical Theory After Postmodernism

Author: P. Nickel
Publisher: Springer
ISBN: 1137262869
Format: PDF, Kindle
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In a series of interviews this book explores the formative experiences of a generation of critical theorists whose work originated in the midst of what has been called 'the postmodern turn,' including discussions of their views on the evolution of critical theory over the past 30 years and their assessment of contemporary politics.

Theopolitical Imagination

Author: William T. Cavanaugh
Publisher: A&C Black
ISBN: 9780567088772
Format: PDF, ePub, Docs
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A critique of modern Western civilization, including contemporary concerns of consumerism, capitalism, globalization, and poverty, from the perspective of a believing Catholic. Responding to Enlightenment and Postmodernist views of the social and economic realities of our time, Cavanaugh engages with contemporary concerns--consumerism, late capitalism, globalization, poverty--in a way reminiscent of Rowan Williams (Lost Icons), Nicholas Boyle (Who Are We Now?) and Michel de Certeau. "Consumption of the Eucharist," he argues, "consumes one into the narrative of the pilgrim City of God, whose reach extends beyond the global to embrace all times and places." He develops the theme of the Eucharist as the basis for Christian resistance to the violent disciplines of state, civil society and globalization.

The Languages of Civil Society

Author: Peter Wagner
Publisher: Berghahn Books
ISBN: 9781845451189
Format: PDF, Docs
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The past two decades have witnessed a revival of the concept of 'civil society'. From East Central Europe to Latin America and East Asia to the recent calls for a 'European civil society' and a 'global civil society', the concept signifies the need for national and supra-national forms of civic commitment against both unjustified state domination and neo-liberal marketization. Reviewing the long history of the concept, its use in various regional contexts and its place in critical political theory, this book takes comprehensive stock of these debates and asks about the potential of the concept of civil society in guiding political transformations towards fuller understandings of liberty and democracy.

Constitutionalism Identity Difference and Legitimacy

Author: Michel Rosenfeld
Publisher: Duke University Press
ISBN: 9780822315162
Format: PDF, ePub, Mobi
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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Reproducing Citizens family state and civil society

Author: Sasha Roseneil
Publisher: Routledge
ISBN: 1317375181
Format: PDF
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Whilst the politics of reproduction have been at the heart of feminist struggles for over a century and a half, their analysis has not yet come to occupy a central place in the interdisciplinary study of citizenship. This volume takes up the challenge posed by Bryan Turner, when he noted "the absence of any systematic thinking about familial relations, reproduction and citizenship" (2008), and offers the first major global collection of work exploring this nexus of practices and political contestations. The book brings together citizenship scholars from across Europe, the Americas, and Australia to develop feminist and queer analyses of the relationship between citizenship and reproduction, and to explore the ways in which citizenship is reproduced. Extending the foundational work of feminist political theorists and sociologists who have interrogated the public/private dichotomy on which traditional civic republican and liberal understandings of citizenship rest, the contributors examine the biological, sexual, and technological realities of natality, and the social realities of the intimate intergenerational material and affective labour that are generative of citizens, and that serve to reproduce membership of, and belonging to, states, nations, societies, and thus of "citizenship" itself. This book was published as a special issue of Citizenship Studies.