Search result: 51 articles

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Günter Müller Stewens
Professor of Management and Organization at the University of St. Gallen; Managing Director of the Institute of Management.

Jens Drolshammer
Professor of Law, (Titularprofessor für Angloamerikanisches Recht und Rechtsgeschäftsplanung und -gestaltung), University of St. Gallen, Switzerland; Co-Founder and President of the Commission and Lecturer on Law, Master of European and International Business Law (M.B.L.-HSG) and Master of International Management Programs at St. Gallen University; Partner, Homburger Rechtsanwälte, Zürich, Switzerland; Visiting Scholar and Fellow, Harvard Law School (Spring 1999).

Sandra Lavenex
Institute of Political Science, University of Lucerne, Switzerland.

Andreas Herdina
Head of Unit, ENP Sector Coordination Unit, DG External Relations, European Commission.
Article

Access_open Constitutionalism and the Incompleteness of Democracy: An Iterative Relationship

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords constitutionalism, globalization, democracy, modernity, postnational
Authors Neil Walker
AbstractAuthor's information

    The complexity of the relationship between democracy and modern constitutionalism is revealed by treating democracy as an incomplete ideal. This refers both to the empirical incompleteness of democracy as unable to supply its own terms of application – the internal dimension – and to the normative incompleteness of democracy as guide to good government – the external dimension. Constitutionalism is a necessary response to democratic incompleteness – seeking to realize (the internal dimension) and to supplement and qualify democracy (the external dimension). How democratic incompleteness manifests itself, and how constitutionalism responds to incompleteness evolves and alters, revealing the relationship between constitutionalism and democracy as iterative. The paper concentrates on the iteration emerging from the current globalizing wave. The fact that states are no longer the exclusive sites of democratic authority compounds democratic incompleteness and complicates how constitutionalism responds. Nevertheless, the key role of constitutionalism in addressing the double incompleteness of democracy persists under globalization. This continuity reflects how the deep moral order of political modernity, in particular the emphasis on individualism, equality, collective agency and progress, remains constant while its institutional architecture, including the forms of its commitment to democracy, evolves. Constitutionalism, itself both a basic orientation and a set of design principles for that architecture, remains a necessary support for and supplement to democracy. Yet post-national constitutionalism, even more than its state-centred predecessor, remains contingent upon non-democratic considerations, so reinforcing constitutionalism’s normative and sociological vulnerability. This conclusion challenges two opposing understandings of the constitutionalism of the global age – that which indicts global constitutionalism because of its weakened democratic credentials and that which assumes that these weakened democratic credentials pose no problem for post-national constitutionalism, which may instead thrive through a heightened emphasis on non-democratic values.


Neil Walker
Neil Walker is Regius Professor of Public Law and the Law of Nature and Nations at the University of Edinburgh, United Kingdom.

Carsten Stahn
Dr. jur., LL.M. (NYU), LL.M. (Cologne-Paris), Associate Professor of International Criminal Law, Leiden University, Programme Director, Grotius Centre for International Legal Studies. These remarks are based on the Opening of the Academic Year at Campus Den Haag, Leiden University. Thanks are owed to Ms. Ruth Shaikh for her editorial assistance.
Article

The Need for a Uniform Law System Protecting Intellectual Property Rights in Outer Space

Private International Law Regarding Space Activities

Journal International Institute of Space Law, Issue 1 2008
Authors H. van Traa-Engelman

H. van Traa-Engelman
Article

Partis politiques nationaux en crise?

Organisation des partis et décentralisation. Une comparaison de l’Espagne et du Royaume Uni

Journal Res Publica, Issue 1 2005
Authors Elodie Fabre, Bart Maddens, Wilfried Swenden e.a.
AbstractAuthor's information

    This article investigates the link between state decentralization and party decentralization. We study the impact of the type (dual, integrative, asymmetrical) and degree of decentralization on two dimensions of the relationship between a party’s central party organs and its regional branches: the autonomy of the regional branches to manage their regional affairs and the degree of participation of the regional branches in the central party. We compare the organization of five state-wide parties in two decentralized multi-national polities, Spain and the UK. Our analysis of their party statutes partly confirms the link between degree and asymmetry of decentralization and party organization. However, the impact of the type of distribution of powers between the state and its regions is much less clear. This article shows the need to investigate the influence of other factors such as regional party competition and electoral rules on the type of central-regional relationships within state-wide parties.


Elodie Fabre
Doctorante au Département de science politique à la Katholieke Universiteit de Leuven.

Bart Maddens
Professeur en science politique à la Katholieke Universiteit de Leuven.

Wilfried Swenden
Professeur en science politique à l’Université de Edimbourg, Ecosse.

Robertas Pogorelis
Collaborateur scientifique au Département de science politique à la Katholieke Universiteit de Leuven.

Olusoji O. Elias
Lecturer in the Conflict of Laws, University of Buckingham; Rapporteur, African Law Seminar Series (University of London), SOAS, April-June 1999. This article is based on a talk of the same description given at the Institute of Advanced Legal Studies, School of Advanced Study (University of London), 8 July 1999. While a sense of appreciation is due to the participants at the first-named thought provoking series of seminars, the views expressed herein are the present writer's, in a personal capacity, and they should not be attributed elsewhere.

M. Hosková
Article

Eastern European Legal Developments in Radio and TV Broadcasting

New Legal Developments in Satellite Communications

Journal International Institute of Space Law, Issue 1 1994
Authors M. Hosková

M. Hosková

Masson-Zwaan
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