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Constitutional Disintegration and Disruption
The United Kingdom's unprecedented withdrawal from the European Union in 2020 may be regarded as the first example of European 'disintegration'. This moment, however, was preceded by decades of 'disruption' as the UK, Ireland, and Denmark pursued opt-outs from the supranational constitutional order. Constitutional Disintegration and Disruption: Withdrawal and Opt-Outs from the European Union provides the first comprehensive analysis of these two phenomena. The book presents the European Union as an order that is legitimated by individuals playing a dual role as both nationals of Member States and citizens of the European Union; in turn, individuals are both democratic subjects and juridical ...
Handbook on Global Constitutionalism
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Kantian Theory and Human Rights
Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
Constituent Power in the European Union
The euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline is preoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized to the question of who is entitled to make that decision and how. To that end, it reformulates the classical notion of constituent power for the context of European integration. This account challenges conventional theoretical assumptions regarding the EU's ultimate source of legitimacy and enables political theory to put to the test the claims of those who challenge the established mode of EU constitutional politics.
Routledge Handbook of Comparative Constitutional Change
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and dem...
Introduction
According to Jürgen Habermas's notion of pouvoir constituant mixte, the EU needs to derive its democratic legitimacy from a dual subject, consisting of the community of European citizens on the one hand and the communities of state citizens on the other. In this introduction, I outline some of the basic ideas behind the pouvoir constituant mixte, situate the category within wider debates about democracy in the EU and the future of European integration, and provide a brief summary of the symposium contributions. This article is part of the March 2017 Symposium titled 'The EU's Pouvoir Constituant Mixte', which also includes Citizen and State Equality in a Supranational Political Community: D...
The Levelling Up of Constituent Power in the European Union
In this article, I elaborate a conceptual innovation that underlies, if only in nascent form, Jürgen Habermas's notion of pouvoir constituant mixte and could significantly advance research on the democratic legitimacy of EU constitutional politics: the levelling up of constituent power. According to this idea, state-level pouvoirs constituants may issue an authorization for constitutional decision-making at the supra-state level and thereby bring about a new constituent power whose composition can take a variety of forms. This conceptual framework paves the way for a systematic analysis of the EU's pouvoir constituant and its relation to the demoi of the member states. At the same time, it ...
Usurpation und Autorisierung
Der politische Raum jenseits des Staates ist in den vergangenen Jahrzehnten zum Schauplatz folgenreicher Prozesse der Verfassungsbildung geworden. Markus Patberg argumentiert, dass der globale Konstitutionalismus mit Problemen der Usurpation einhergeht. Diese können überhaupt erst erkannt und einer Lösung zugeführt werden, wenn man die Kategorie der verfassunggebenden Gewalt für die suprastaatliche Ebene neu entwickelt. Im Zentrum seiner Studie steht die Frage, wie ein legitimer Modus der Autorisierung konstitutioneller Normsetzung aussehen könnte.
