The constitutional system of the Czech Republic, which is established on the principles of a parliamentary form of government, takes into account the possibility of dissolving the Chamber of Deputies of the Parliament of the Czech Republic. The Chamber of Deputies is a chamber to which the government is accountable and this is the chamber in which the major part of the authority of Parliament is concentrated. Parliamentary systems have been also structured according to whether (...) a certain amount of balance of power is preserved between parliament and the government. A typical characteristic of every parliamentary form of government is the possibility for a vote of confidence in the government by parliament, meaning a dependency of the government on the will of parliament. Some parliamentary systems counterbalance this relationship with a greater or lesser possibility for the government of dissolving that chamber of parliament, which votes confidence in it. This makes it possible for the government to be able to more significantly fulfil the role of political leader in a given country and it can actively initiate and form a political state. (shrink)

ExcerptIn The Crisis of Parliamentary Democracy, Carl Schmitt describes the multiple ways in which parliamentarism can be beset by forces that undermine its coherence and legitimacy.1 Writing in the context of a fledgling Weimar Republic and few historical examples of successful transitions to republican and democratic government, he analyzes the structures of parliamentary democracy in order to evaluate its claims to legitimacy as well as the practical threats to its endurance as a system of government. His (...) thinking was premised upon his previous work on forms of dictatorship on the one hand and the idea of political theology on the other. By linking democracy to dictatorship and popular sovereignty to representation, Schmitt indicates how parliamentary democracy, though appealing to an ideal of rational discussion, nevertheless depends on a mythic basis for its legitimation. (shrink)

This article offers a new interpretation of anti-colonial constitutional thought of the mid-twentieth century. Historians and political theorists have long viewed the circulation of democratic constitutions at the moment of decolonization in terms of the diffusion of electoral, parliamentary government. This article argues against such a “parliamentary” reading of anti-colonial democracy by examining the political thought of Indian Marxist thinker M. N. Roy (1887–1954). I reconstruct Roy’s writings on anti-parliamentary forms of popular sovereignty through the 1940s. (...) Further, I situate Roy’s democratic theory as a response to understandings of political representation within the Indian national movement. (shrink)

This chapter examines the philosophical consideration of different forms of government in eighteenth-century Britain. It begins by considering the British constitutional settlement in the wake of the Glorious Revolution and the Union of Parliaments. Taking on board Voltaire and Montesquieu’s praise of the beneficial effects of the settlement, the chapter will examine how British philosophers came to understand the nature of the British constitution. A major theme will be the gradual move away from contract theories of legitimacy and republican (...) notions of citizenship and towards utilitarian calculations of the beneficial social and economic effects of political stability. This becomes particularly apparent in the increasing desire to apply ‘science’ to the understanding of political order. (shrink)

Transformation of the Constitutional System of the Slovak Republic Purpose of the article is to analyze the Constitutional Act No. 356/2011 Z. Coll. amending the Constitution of the Slovak Republic in terms of its compatibility of the constitutional system of the Slovak Republic. The article analyzes the potential impact of amendment to the Constitution of the Slovak Republic on the Parliamentary form of the government of the Slovak Republic and examine the consistency of Art. 115 Para 3 (...) of the Constitution of the Slovak Republic with another provisions that relate to it. The purpose of the article is to identify some problems that brought amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3 and points out its incompatibility with the constitutional text. This article also discusses a possible shift in the parliamentary constitutional system of the Slovak Republic which the Constitutional Act brought.Methodology/methods used in the article is the analysis of the Constitutional Act No. 356/2011coll. by induction from the concrete wording of Art. 115 Para 3 of the Constitution of the Slovak Republic to the conclusions in relation to the entire text of the Constitution of the Slovak Republic and to the whole constitutional system of the Slovak Republic Scientific aim is to point to the shortcomings of the Constitutional Act No. 356/2011 Z. Coll., not only from the perspective of constitutional interpretation, but potentially also in terms of practice and also show the wrong trend of breaking the internal unity and coherence of the constitutional system of the Slovak Republic by half-baked changes to the text of the Constitution of the Slovak Republic Findings are specific and severe systemic disorders that brought the amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3. The Article identifies three concrete problems and the subsequent practice may bring some other issues that were not known at the time of processing of this Article Conclusions are directed to the fact, that the Constitutional Act No. 356/2011 Coll. means internal disturbance of the constitutional system of the Slovak Republic, brings more problems than constructive solutions and potentially deflects the parliamentary constitutional system of the Slovak Republic to the semi-presidential. (shrink)

After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article was a (...) member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

Minority governments in parliamentary democracies are conventionally considered to be unstable and ineffective aberrations from the principle of majority rule. Through analysis of over 350 postwar governments, the author shows that minority governments are neither exceptional nor unstable but in fact a common feature of parliamentary democracies and frequently perform as well as, or better than, majority coalitions. Using the Italian and Norwegian governments as case studies, he suggests that minority governments are particularly likely to form when (...) parties anticipate competitive elections and when opposition parties are able to influence legislative decisions. As an attempt to document and explain a very common form of government in parliamentary democracies, this book will contribute significantly to the understanding of the importance of electoral competition in democratic politics. (shrink)

This article explores the different uses of forms of direct verbal quotes in follow-up utterances delivered during the parliamentary debates after the inaugural speech of a new chancellor in the Austrian parliament and investigates their positioning effects for members of parliament who have the first opportunity of publicly ‘doing being a government or opposition MP’ in the new legislative term. Representing the first public confrontation between government and opposition MPs, the debates foreshadow topical and interpersonal aspects of (...) the political frontstage communication in the beginning legislative term. The main purpose of this article is to investigate the relations between formal properties of direct verbal quotes, recontextualization practices, their pragmatic function, and the specific aspect of the public personae speakers foreground by their use in the inaugural debates. Although direct quotations in follow-up utterances of MPs do not occur very often, the analyses demonstrate that this specific form of discourse representation deserves attention not only because it is mainly opposition MPs who use direct quotations in uptaking discourse units, but also because of the different semiotic aspects of direct quotes which are foregrounded in the investigated recontextualization practices. These practices result in MPs’ different public self-positionings toward their role of ‘being an opposition MP’, namely, either as policy-oriented arguers or as ironic evaluators. (shrink)

This article responds to critical reflections on my Beyond Presidentialism and Parliamentarism by Sarah Birch, Kevin J. Elliott, Claudia Landwehr and James L. Wilson. It discusses how different types of representative democracy, especially different forms of government (presidential, parliamentary or hybrid), can be justified. It clarifies, among other things, the distinction between procedural and process equality, the strengths of semi-parliamentary government, the potential instability of constitutional designs, and the difference that theories can make in actual processes (...) of constitutional reform. (shrink)

The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is (...) the federal aspect. The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court. (shrink)

In his epic poem, Paradise Lost, Milton does not, as many critics have recently claimed, repudiate monarchy and recommend republics; he rather asserts that the legitimacy of any particular form of government in any particular situation depends upon what he refers to as the ‘merit’ or ‘worth’ of the rulers and the ruled. On a strict definition of republicanism as a position grounded in the repudiation of monarchy and the recommendation of republics, this poem would thus fail to (...) qualify as a republican text. However, neither Livy's History nor Machiavelli's Discourses unconditionally repudiates monarchy and recommends republics; both texts claim that the legitimacy of any particular form of government in any particular situation depends upon many things, including the merit of the rulers and the ruled. Given that both of these texts fall within the tradition of republican thought, it follows that Milton's teaching on the forms of government in Paradise Lost is consistent in important respects with some of the central texts of this tradition, and that the poem may thus reasonably be understood as a republican text. But this teaching is also consistent with Milton's Protestant commitment to evaluating all human works and forms on the grounds of the spirit in which they are produced and administered. (shrink)

What I consider in this paper are various forms of government, various technologies and discursive regimes of government that are in common use today. What interests me are the categories and tools, practical dispositifs and languages that developed over the last decades ‘to constitute, define, organize, and instrumentalize the strategies that individuals, acting freely, may use to deal with one another’ (Foucault). The paper considers first the neo-liberal wish to reassert the individual as alone in responsibility for his/her (...) own life after the unfortunate digression into Welfare Statism and Keynesian economics, source of all ills. It then focuses on some material and social technologies that encourage people to accept full and complete ‘self-sovereignty’. This section leads to a discussion on the new demands (and resistance) society imposed on this liberal normative ideal. It notably considers the growing demands to ‘participate’ in decision processes and to be environmentally friendly. In section Les Mots et Les Choses: A New Discursive Regime , it considers the discursive regime that progressively took shape and which currently permeates international governance bodies of all stripes—from the World Bank to the Conference of Parties for Climate Change. In the final section, it comes back to the initial question and considers what these changes actually mean for the democratic order as constituted over the past 250 years. (shrink)

This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the article provides a preliminary typology of constitutional mixture considering the form or (...) system of government; the nature or character of government; the religious or secular identity; the flexibility or rigidity of the constitution; and its model of judicial enforcement—judicial or parliamentary supremacy. Examining these constitutional features, allows to shed light on the three different dimensions of “constitutional mixture”: First, the various features of the constitutional order do not function in a binary yes-or-no manner but appear and move along a spectrum. Second, the various features of the constitution change with time. Third, the various features of the constitutional text may be in tension with the features of the society. (shrink)

The article analyzes the forms of public participation in the implementation of local self-government at various stages of municipal reform. It studies the consolidation of various forms of participation in federal laws on local self-government. The analysis of data from the annual Monitoring of the development of the local government system has been carried out, which makes it possible to assess the real prevalence of various forms of public participation. It is shown that the new Draft Law (...) on local self-government reinforces the general trend towards reducing the municipal sphere and simplifying the institutional organization of local self-government. This, in turn, leads to a reduction in the total number of forms of public participation in self-government, a reduction in their demand and a reduction in the space of deliberative democracy as a whole. At the same time, there is a reduction in both power and advisory forms of participation. (shrink)

This article offers a revised interpretation of the Scottish republican thinker and political activist Andrew Fletcher of Saltoun’s views on the issue of militias and standing armies. Reconstructing both its English and Scottish contexts, it is shown that Fletcher’s republicanism incorporated strong constitutionalist elements by engaging with several forms of political discourses and practices. On the one hand, his Discourse concerning Militias (1697) issued in London went much further than the moderate neo-Harringtonian propaganda of the anti-army camp, arguing for delivering (...) the right to use arms to the parliaments instead of the king. On the other, the second version of Fletcher’s tract published in Edinburgh in 1698 and his 1703 parliamentary ‘limitations’ enlarged the participation in the militia to landless subjects, transcending both the Buchananite ethos of the nobility in arms and James Harrington’s original agrarian model. As a result of this study, Fletcher’s idea of government emerges as much closer to English Civil War authors and the likes of Algernon Sidney and Henry Neville than to any of his contemporaries. The conclusions stress how Fletcher’s radical stance should be considered as the most important facet of his legacy, presenting some cases of reception in the age of revolutions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Ethics in a Time of De-CommunizationRobert Baker (bio)Ethics is often treated as a matter of ethereal principles abstracted from the particulars of time and place. A natural correlate of this approach is the attempt to measure actual codes of ethics in terms of basic principles. Such an exercise can be illuminating, but it can also obscure the circumstances that make a particular codification of morality a meaningful response (...) to specific historic circumstances. This is particularly true of the codes of medical ethics beginning to emerge from the post-Communist societies of Eastern Europe, which are, perhaps, best understood as artifacts of an era, rather than as expressions of abstract principles.The era in question is post-Communist. It is an era informed by a reaction to decades of Communism, which, of course, was more than an economic system or even an ideology; it was a form of life that permeated every aspect of civil society—advertising, art, literature, music. Medicine was not exempt. I recall entering an oncology ward in East Berlin and finding the patients seated around a large table making posters. Wondering whether this was a form of art therapy, I asked the head nurse what the patients were doing. She replied: it is "Party time—the portion of each week every citizen donates to the people and the Party." I looked again at the posters and saw that they honored Karl Marx on the 100th anniversary of his death: "1883-1983, The Struggle Goes On." The Party, the struggle, the people, were everywhere, and they penetrated and informed daily life even for terminal patients on a cancer ward.The interweaving of Communist practices into the warp and woof of daily life has profound implications for the post-Communist era. It means that East Europeans cannot simply rebuild; they must unweave Communist thought patterns—what might be called the ideostructure of Communism—from the fabric of their lives through a deliberate process of deCommunization. What remains after de-Communization depends upon [End Page 363] the historical relationship each country had with Communism. In Russia, removing Communist ideostructure sets the conceptual calendar back to 1918. For the Czechs, the calendar advances to the 1930s, leaving them with thought patterns that are Western, industrial, and democratic. In the rest of Eastern Europe the conceptual clock also tends to turn back to the 1930s, but at that time the conceptual frameworks were nationalist, anti-Western, and frequently fascist, or even Nazi.In Poland the situation is different. World War II opened with the Nazi invasion of the country—which Hitler (later joined by Stalin) subsequently occupied. After the war, the Soviet army controlled the country, which became a captive player in the Soviet sphere of influence (aptly denominated, "the Warsaw Pact"). Poland's pre-Communist thought patterns are nationalist, West-leaning, accepting of parliamentary structures, but also of authoritarian government. They are also Catholic.Catholicism to Poles is not merely a religion, it is a posture of opposition to their German (Nazi, antichristian) and Russian (Orthodox or atheist) occupiers. I toured Polish hospitals several times during the Communist period —always accompanied by one or more "tour guides." (Westerners were not allowed to roam Communist countries unescorted.) Almost all of my guides wore little pins adorned with the face of Lenin (not the hammer and sickle—a symbol of Soviet occupation). Most doctors and nurses, however, adorned themselves with Catholic icons—typically a crucifix. Their conspicuously displayed crosses symbolized less their embrace of Catholicism than their rejection of Communism. Catholicism, in the Polish context, was thus an affirmation of individual and national independence.De-Communizing Polish Medical Ethics: The Abortion ControversyIn Poland, de-Communization was initiated through a series of negotiations between Lech Walensa's Solidarity and the Communist Government. The Polish Code of Medical Ethics is an indirect consequence of these negotiations, which stipulated the dissolution of Communist medical organizations. They were to be replaced by a Polish Medical Chamber—a type of quasi-governmental body, common in Eastern Europe, which combines the functions of a governmental licensing agency with those of a national medical association. Medical chambers also set standards of professional conduct and (unlike... (shrink)

Our exploratory study considers whether the internal audit function is an efficient “third line of defense” for risk management and control as proposed by The Institute of Internal Auditors. To that end, we interview chief audit executives and experienced internal auditors to examine whether CAEs manage the impressions of audit committee members in the annual accountability process. We also provide an illustration of impression management techniques through a documentary case that explores a unique and exclusive dataset consisting of the main (...) guidance, framework, and accountability documents of one of these organizations. Our analysis highlights how several macro- and microimpression management techniques were used to burnish the image of internal auditors and, more importantly, the management team. Rather than monitoring managers, the CAEs team up with them. Our findings cast doubts on the conceptualization of internal audit as the independent third line of defense envisioned to be a keystone of the governance mosaic. This study supports other research that questions the effectiveness of internal auditing as a governance mechanism. It also contributes to the impression management literature by exposing impression management practices that occur through a private reporting channel—the internal audit function’s annual accountability to the audit committee. Last but not least, significant ethical concerns are raised in regard to internal audit, and research is urged in that area. (shrink)

The ascendency of executive power in the presence of weak parliamentary and societal control has given rise to a need for deliberative forms of diplomacy in international relations. As Denmark, Finland, Iceland, Norway, and Sweden regularly include members of parliament, party representatives, and representatives of civil society in their delegations to the General Assembly of the United Nations, does this imply that a Nordic model exists? This book reviews the practice of these countries and finds that the role of (...) societal representatives has diminished from participating members of delegations to mere observers. The Nordic examples illuminate the difficulties of achieving international governance through the practice of deliberative democracy. Table of Contents List of figures, images, and tables List of abbreviations Preface 1. Introduction The problem Why do the General Assembly and Norden matter? Theory and methodology Prior research 2. Challenges and traditions Delegation and representation at the United Nations Democracy and dilemmas at the UN General Assembly Nordic diplomacy at the League of Nations Unisex state actors and the representation of women 3. Parliament and UN delegations The Scandinavian model: Denmark An anachronism and parliamentarian stronghold: Norway Routine, squeeze-out, routine: Sweden Between Lilliputian and full-scale representation: Iceland Metamorphosis or parliament lost: The Finnish Sonderweg 4. The participation of civil society Scandinavian model revisited: Denmark The return of the body-snatched: Norway Corporatism and double universalism: Sweden Short stories: Finland and Iceland 5. Conclusions: On the way to deliberative diplomacy Archives Bibliography Author Index About the Author(s)/Editor(s) Norbert Gotz, Dr. phil. (2001) in Political Science, Humboldt University Berlin, Docent (2007) in Political History, University of Helsinki, habil. (2009) in Modern History and International Relations, University of Greifswald, is Professor at the Institute of Contemporary History, Sodertorn University, Sweden. His publications include the edited volume Regional Cooperation and International Organizations: The Nordic Model in Transnational Alignment (Routledge 2009). (shrink)

This commentary aims to discuss the article “Ordo-responsibility in the Sharing Economy: A Social Contracts Perspective” from a sympathetic viewpoint toward its implementation of a constitutional contractarian approach to business ethics and due consideration of digital platforms as institutions resulting from a social contract. Nevertheless, the commentary also wants to criticize the article’s interpretation of constitutional contractarian theory and institutional reconstruction of the phenomenon, and thus even the governance structure it is proposed for sharing platforms. The commentary presents another understanding (...) of constitutional contractarianism, referring to both the ex ante agreement and the ex post compliance problem. Moreover, it reframes the history of the evolutionary process of institutions’ selection within the domain of the sharing economy consistently with the idea that the Internet should be framed as a common pool resource. In this way, the commentary suggests an alternative governance structure for sharing platforms, that is, platform cooperatives. (shrink)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

“The political form at last discovered under which to work out the economic emancipation of labor.” With these words, Marx described the Paris Commune of 1871. It “was formed of the municipal councillors, chosen by universal suffrage in the various wards of the town, responsible and revocable at short term […] a working, not a parliamentary body, executive and legislative at the same time.” The political tradition of the Commune was inherited by the Russian soviets and inspired Lenin, (...) who explained the role of those governing bodies as a “reversion to primitive democracy.” Arthur Rosenberg, professor of Ancient History at Berlin University, tried in his book Democracy and Class Struggle in the Ancient World to offer historical ground for the ideas developed by Lenin in State and Revolution and compared ancient Athenian democracy to the contemporary German and Russian councils. During the 1920s, as a communist leader and MP, Rosenberg, recalling his ideas on Athenian democracy, criticized the political degeneration of the Russian workers’ State. He stressed how Soviet Russia, in limiting the power of the councils, had suppressed the governing body of socialist direct democracy. In his work Workers’ Councils, Dutch revolutionary Anton Pannekoek renewed Rosenberg’s criticism at the end of World War II, returning to the image of ancient democratic Athens as a forerunner of the socialist councils. (shrink)

While scholarship on Livy’s political thought has concentrated on the 1st decade, this article takes up the 3rd decade to argue that Livy makes the case for Republican Rome at the time of the 2nd Punic War as the best form of government. The excellence of Republican Rome is seen in its superiority to the imaginary cities of Greek political theory, and in its mixed constitution, which provides remedies for the pitfalls of the simple forms of democracy and (...) aristocracy. Livy makes the latter case through allusions to Thucydides, whose implications I draw forth to show that Livy is contrasting Republican Rome with Athens and Sparta, and comparing Scipio Africanus with Alcibiades. Livy’s claim that wisdom is to be found in the study of the past, and his preference for the concrete as a means of investigating politics, suggest that his history is a form of political philosophy. (shrink)

After the parliamentary elections in Germany in September 2017, the Christian Democratic Union (CDU), the Christian Social Union (CSU), The Greens (Bündnis90/Die Grünen) and the Free Democratic Party (FDP) started to negotiate about forming a coalition government. But, surprising to many, the FDP decided to let these coalition talks collapse, and many commentators in Germany found it highly problematic for a political party to refuse to take responsibility in government. Interestingly, the question whether (or: when) democratic parties (...) may legitimately refuse to govern has so far been neglected in political theory and political philosophy. The article develops a general answer by discussing several possible reasons for thinking that it is sometimes wrong to refuse to govern and thereby engages both democratic theory and the recent literature on compromise. The resulting view is that parties have an ‘integrity prerogative’ that allows them to refuse to govern, except when there is no reasonable and stable alternative government coalition available. (shrink)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

The essay confronts the classical forms of the government of social fears, elaborated in the course of modern and contemporary history, (in particular, national state and welfare systems)with the ongoing processes of economic and political globalization. The authors also discusses the question of the transformation of the subjective gaze, either individual and collective, regarding the historical time and in reference to the possible shift to a postmodern epoch.

This article provides an overview of the nature and support provided by governments for the implementation and development of New Forms of Work Organisation. It draws on data and case studies collected by Business Decisions Ltd1 for the European Commission to illustrate the scope and impact of a sample of government programmes across 10 Member States. The paper examines the role of policy in stimulating the adoption of organisational change and helping companies to overcome obstacles with a comparison of (...) approaches taken in different countries. (shrink)

This is a translation of the afterword of Legality and Legitimacy, rewritten by Carl Schmitt in 1958 for his collection Verfassungsrechtliche Aufsätze aus den Jahren 1924–1954. In the afterword, Schmitt once again describes the situation in Germany in the early 1930’s, and argues against the influential German lawyers who rejected his interpretation of the Weimar Constitution. He rejects the wide-spread opinion that he wanted a state of emergency in Germany to be introduced, and insists that this book was his final (...) attempt to rescue the presidential republic of Weimar Germany. Schmitt then demonstrates the weakness of legal positivism and specifically stops at the several key points in his argument. First, according to Schmitt, the positivists did not know that legality, an unopposed form of the manifestation of legitimacy, had originally been an essential part of Western rationalism. Second, it is necessary to distinguish between the law and the sanctions because of their different legal statuses. This distinguishing is important because the legislative state was gradually becoming the administrative state. As a result, the governing institutions are more powerful than the parliamentary laws. Any parliamentary decision providing executive bodies relevant authority cannot be executed without an effective parliamentary majority. Thirdly, Schmitt explores the question of the so-called “premiums” for the legal possession of power. The afterword concludes with a brief overview of the situation at the end of the January 1933. The Publication includes the translator’s preface providing an overview of the main provisions of Schmitt's book, Legality and Legitimacy. (shrink)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international (...) law of Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)

Politically, Europe has been unable to address itself to a constituted polity and people as more than an agglomeration of nation-states. From the resurgence of nationalisms to the crisis of the single currency and the unprecedented decision of a member state to leave the European Union, core questions about the future of Europe have been rearticulated: Who are the people of Europe? Is there a European identity? What does it mean to say, “I am European?” Where does Europe begin and (...) end? and Who can legitimately claim to be a part of a “European” people? The special issue seeks to contest dominant framings of the question “Who are the people of Europe?” as only a matter of government policies, electoral campaigns, or parliamentary debates. Instead, the contributions start from the assumption that answers to this question exist in data practices where people are addressed, framed, known, and governed as European. The central argument of this SI is that it is through data practices that the EU seeks to simultaneously constitute its population as a knowable, governable entity, and as a distinct form of peoplehood where common personhood is more important than differences. (shrink)

Aux Etats-Unis les gouvernements des Etats tout autant que le gouvernement fédéral jouent un rôle important dans le traitement des effets des sinistres naturels. Le gouvernement fédéral subventionne l’assurance-inondations pour les individus, les entreprises privées et les gouvernements d’Etats et locaux, et il affecte des fonds sur une base ad hoc pour reconstruire après de très importants sinistres naturels tels que de fortes inondations ou des tremblements de terre. Les gouvernements des Etats réglementent l’assurance-seïsme et l’assurance-ouragan en imposant à l’ensemble (...) des assurances et à certains de leurs utilisateurs de subventionner d’autres assurés. Cet article analyse les diverses formes d’implications gouvernementales dans l’assistance des sinistres et évalue de manière critique les arguments normatifs pour ces formes de participations et de réglementations. Il propose que le gouvernement fédéral se retire du marché de l’assurance-inondation et que les gouvernements des états arrêtent de réglementer les marchés d’assurance privés qui obligent des gens à subventionner l’assurance pour d’autres.Government at both the state and federal level in the United States has an extensive role in dealing with the effects of natural disasters. The federal government provides subsidized flood insurance to private individuals, businesses, and state and local government, and it appropriates f unds on an ad hoc basis for rebuilding after highly visible natural disasters such as large floods and earthquakes. State governments regulate earthquake insurance and hurricane insurance in ways that force the insurance industry and some of its customers to subsidize other policyholders. This essay details the various forms of government involvement in disaster assistance and critically evaluates the normative arguments for these forms of government involvement and regulation. It proposes that the federal government should withdraw from the flood insurance market and that state governments should stop regulating private insurance markets in such a way that some people are forced to subsidize insurance for others. (shrink)

This paper critically compares a deliberative system based on parliamentary elections (an electoral system) and a deliberative system based on sortition (a lottocratic system). Both systems are analyzed in three dimensions. The epistemic dimension concerns the rational quality of the democratic process. The power dimension concerns the distribution of power and the extent to which citizens genuinely control all decisions. The motivational dimension, finally, concerns citizens’ identification with the decision-making process and their willingness to abide by its outcomes. We (...) argue that an electoral system is, in all three dimensions, normatively superior to a sortition-based system. Most prominently, we claim that electoral mechanisms provide visibility to the decision-making process. This enables a form of interactive representation in which citizens and their representatives engage in a joint process of opinion and will formation. Sortition, in contrast, is characterized by a democratically much poorer form of descriptive representation. The selected citizens are a representative sample of the wider citizenry, but they deliberate in a forum that remains mostly disconnected from that wider citizenry and therefore cannot shoulder the process of collective self-government. (shrink)

There has been increasing interest in the relevance of virtue approaches to ethics over the past 15 years. However, debate surrounding the virtue approach in the business, management and organisational studies literature has lacked progress. First, this literature focuses on a narrow range of philosophers, and, second, it has failed to analyse properly the consequences of virtue theory for action in practical settings other than in abstract terms. In order to begin addressing these issues, this paper compares what two virtue (...) frameworks—one focused on virtue in the context of community and the other on individuals as virtuous agents—lead to when evaluating the actions of parties to the 2002–2004 UK Fire Service dispute. The analysis argues that the virtue frameworks proposed by MacIntyre and Slote offer different but complimentary evaluations. Both not only point to potential problems with industrial disputes, but also recognise the legitimacy of action that is based in good motivations and carried out with regard for the virtues. It seems that fire fighters and their immediate supervisors, on the whole, met the conditions of virtue, but that it is open to question if the leaders of the Fire Brigades Union and the Government did the same. The analysis goes on to suggest which modes of negotiation would be acceptable under the virtue frameworks, and the implications for those involved in industrial dispute. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art Education and the Emergence of Radical Art Movements in Egypt: The Surrealists and the Contemporary Arts Group, 1938–1951Patrick Kane (bio)So it wasn’t the aim of the artist to just toss out a work of art. A tradition of the exhibition of the natural, and its meaning was not that it fled from life, but that it had penetrated and plunged into reality. Its meaning was not a prescription (...) or plain exercise in the taste of the sublime, or harmony of forms and charming scenes; and its meaning was not as a decoration of life; it was in its expression of what life inspires in us to give back.—Henry Moore, as quoted by Ramses Yunan, in “The Aim of the Contemporary Artist”1In these crucial days of difficulty, the artists in this country live in tall aristocratic towers.... For this peasant has an art of his own that sustains him, and it is not that art of the educated class.—Kamil Al-Tilmisani (c. 1941–1942)By 1938, as the agrarian crisis in Egypt deepened, the Depression, food shortages, low wages, expropriations of crops, and forced rents opened a polemic among Egyptian intellectuals over the role of the state and the looming threat of fascism. With the dismissal of the government of Mustafa Al-Nahas at the end of 1937, the political turbulence underscored the weakening of the Wafd Party. Opponents of the old Wafdists and supporters of the monarchy resorted to openly fascist tactics, including the establishment of youth organizations and the Blue Shirts, the fascist front of the young Wafdists who modeled themselves on Mussolini’s Black Shirts. The serial crises of agrarian struggles and parliamentary stalemates between [End Page 95] nationalists and monarchists led to increasingly militant stances by the paramilitary fascist organization Misr Al-Fattah (Young Egypt) as a counter to the Muslim Brothers. When Mahmud Khalil resigned from the Wafd and assumed the presidency of the Senate in 1938, his ascension opened a new phase of struggle in politics through culture and the arts.2 In this context, caricatures and satirical sculptures of Khalil appeared in 1939 that parodied him as the icon of a “dictatorship of art.”3 Leading intellectuals from all political stances addressed these issues directly. The cultural journals were peppered with articles on the problems of everyday life and the material crises with such representative titles as ‘Abbas al-Aqqad’s “Food for the Rich,” in which he raised the problem of food shortages and inequity as an issue for reform.4 Within the year, articles in Al-Risala and Al-Thaqafa drew comparisons with French and Italian nineteenth-century landscapes as a model for the recognition of the countryside as a subject. In journalism and the arts, suffering became a part of the recognition of the everyday, as articles appeared on Millet’s nineteenth-century paintings of French peasants.As the war in Europe encroached into the cover pages of Egypt’s cultural journals, Zaki Muhammad Hasan wrote an essay for Al-Thaqafa entitled “The Angelus,” with a reproduction of the 1859 painting by Jean Francois Millet (1814–1874).5 Hasan wrote about Millet’s interest in the “the daily labors of the peasant” as a depiction of the conditions of French peasants. Hasan’s mention of Millet’s own peasant origins, and his listing of paintings of social conditions, including Les Glaneuses (The Gleaners), reflected a broadening interest in the artistic subject of the peasant and the rise of the peasant as artist. Although in Millet’s painting there is a prayer scene of a man and a woman in the fields that is generally regarded as the evening prayer with the sun setting, an Egyptian reader could link the prayer with the issue of workers taking breaks in the fields at a time when the issue of compensation of peasant farm workers was paramount.6 Hasan introduced “The Angelus” to his readers as a Catholic prayer in southern Europe offered at dawn, noon, and sunset and compared the origins of the prayer’s stanzas from the Gospel of Luke 1:28–31 with passages from the chapter on Maryam in the Quran... (shrink)

In formal semantics based on modern type theories, some sentences may be interpreted as judgements and some as logical propositions. When interpreting composite sentences, one may want to turn a judgemental interpretation or an ill-typed semantic interpretation into a proposition in order to obtain an intended semantics. For instance, an incorrect judgement $$a:A$$ may be turned into its propositional form $$\textsc {is}(A,a)$$ and an ill-typed application p(a) into $$\textsc {do}(p,a)$$, so that the propositional forms can take part in logical (...) compositions that interpret composite sentences, especially those that involve negations and conditionals.In this paper, we propose an operator not that facilitates such a transformation. Introducing not axiomatically, with five axiomatic laws to govern its behaviour, we shall use it to define $$\textsc {is}$$ and $$\textsc {do}$$ and give examples to illustrate its use in semantic interpretation. The introduction of not into type theories is logically consistent – this is justified by showing that not can be defined by means of the heterogeneous equality $$\textrm{JMeq}$$ so that all of the axiomatic laws for not become provable. Therefore, since the extension with $$\textrm{JMeq}$$ preserves logical consistency, so does the extension with not. We shall also study conditions under which $$\textsc {is}$$ and $$\textsc {do}$$ operators can be used safely without the risk of over-generation. (shrink)

ABSTRACTIt was only in the early twentieth century that China discovered that it had a population, at least if a population is understood not as a simple number of people but instead in terms of such features as variable levels of health, birth and death rates, age, sex, dependency ratios, and so on—as an object with a distinct rationality and intrinsic dynamics that can be made the target of a specific kind of direct intervention. In 1900, such a developmentalist conception (...) of the population simply did not exist in China; by the 1930s, it pervaded the entire social and political field from top to bottom. Through a reading of a series of foundational texts in population and family reformism in China, this paper argues that this birth of the Chinese population occurred as a result of a general transformation of practices of governing, one that necessarily also involved a reconceptualization of the family and a new logic of overall social rationalization; in short, the isolation of a population–family–economy nexus as a central field of modern governing. This process is captured by elaborating and extending Foucault's studies of the historical emergence of apparatuses into a notion of fields of governability. Finally, this paper argues that the one‐child policy, launched in the late 1970s, should be understood not in isolation from the imposition of the “family‐responsibility system” in agriculture and market reforms in exactly that period, but as part—mutatis mutandis—of a return to a form of governing that was developed in the first half of the twentieth century. (shrink)

Environmental issues involve a wide range of actors often brought together in processes of collaborative environmental governance. Nonetheless, such actors frequently disagree on the definition of these issues. Even sharing an environmental concern does not preclude disagreements. This paper takes the concept of ecological embeddedness—so far analyzed in a single community—to explore differences of views among actors involved in collaborative environmental governance. It does so by pursuing a qualitative study of French River Basin Committees. Our findings show that Basin Committee (...) members take radically different approaches to ecological matters and therefore put forward opposing diagnoses and prognoses of their shared ecological context. We identify three dimensions of ecological embeddedness that are critical for collaborative governance, namely: ecological engagement; ecological ontology; and ecological knowledge. Our results indicate that different forms of ecological embeddedness can fuel long-lasting disagreements despite members’ shared appreciation of collaboration. This is especially so if the deliberations focus on ‘facts’—with actors pitting their ecological knowledge against one another—without facilitating discussions on ecological engagement and ontology. (shrink)

ExcerptWhat factors lead to any war being fought in a particular manner? How and why do those factors become institutionalized, or abandoned, as prime forms of war for typifying other armed conflicts in changing world orders? When and why do the prevailing parameters of world order shape the conduct of war? Questions about the forms of war became highly salient in 1945 when, by virtue of the United Nations Charter, “the peoples of the United Nations determined” to organize stronger institutions (...) for global governance with an elaborate apparatus of multiple functional agencies “to save succeeding generations from the scourge of war” by establishing conditions “under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” as well as to “promote social progress and better standards of life in larger freedom.”1. (shrink)

Addiction is a central issue in a liberal society of autonomous citizens, as the nodal point of addiction is self-control - or rather the lack of it. By looking at different ways of problematizing and working upon addiction, one might also get some idea of different ways of conceptualizing and practicing freedom. The point of departure for my paper is practices of methadone maintenance in different regimes of drug treatment. The article illustrates how treatment practices produce different forms of subjectification (...) of drug addicts, depending on the discourses and technologies these practices articulate, and by implication, how they constitute different ways of problematizing freedom as something to be worked upon. My argument is based on interviews with managers of the drug treatment system in Copenhagen, documents concerning drug policy and drug treatment on a local and national level as well as addiction research. My analyses in this paper are tentative and a first report from a study currently under way. (shrink)

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented (...) at the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance. (shrink)

The political year of 1977 was essentially marked by the organizing of an anticipated parliamentary election and by the forming of a new government coalition. The aftermath of these elections and the reactions to the forming of the Tindemans Vcoalition cabinet were the main factors which conditioned the evolution of partie in the course of that year.

The role of Parliament has been fundamentally changed by the following factors : 1° the growing technicality of society, 2° the growing influence of administration and the executive, 3° the new forms of democratic practice, 4° the management of political parties.In practice, the legislative function turns more and more into a control of the general objectives of the law rather than of the technical and juridical aspects. Besides, it is important to examine, from a constitutional point of view, the different (...) forms of delegation.The control of both executive power and ombudsfunction remain the basic tasks of Parliament. The technical means, needed to perform these tasks, have therefore to be considerably improved. Beside the evolution of these two classical functions, it is vital to meet the growing power conflicts between government, parties, social partners and Parliament by creating new patterns of deliberation.To maintain the parliamentary system it is essential to carry through such constitutional reforms as will prevent arbitrary dissolution of Parliament. (shrink)

Globalization processes are propelling a transformation of governance. As political problems become more transnational, public as well as private actors increasingly perform governance activities beyond the level of individual states. This book examines the wide variety of forms that governance can take in the global system and their consequences. An overarching analytical framework is applied to global institutions and initiatives in areas such as trade liberalization, financial market regulation, privacy protection, cybercrime, and food safety.