Existing conceptualizations of the demos fail to treat issues of composition and performativity consistently. Recent literature suggests that both aspects are required in a satisfactory account of the demos. An analysis of this literature suggests several desiderata that such an account must meet. I approach the definition of demos with a conceptual framework derived from Margaret Gilbert’s plural subject theory of social groups. I propose an account of demos as a plural subject, constituted by joint commitment. This account offers an improved and consistent understanding of normativity, composition, agency, and cohesion of demos. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2017 |
Keywords | democracy, demos, normativity, Margaret Gilbert, joint commitment |
Authors | Bas Leijssenaar |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2017 |
Keywords | constitutional change, democracy, participation, Belgium |
Authors | Ronald Van Crombrugge |
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How constitutions are changed – and more importantly: how they should be changed – is the subject of ongoing debate. There seems to be a growing consensus, however, that in order for a constitution to be considered legitimate it is required that it was created through a democratic process. This growing consensus stands in sharp contrast with the Belgian experience of constitutional change as an essentially elite-led process that takes place behind closed doors. This article seeks to explore the possibilities for more democratic forms of constitutional change in Belgium. It does so by evaluating and comparing two examples of democratic constitution-making, namely the constitution-making processes In South Africa (1996) and Iceland (2012). On the basis of these two examples, several concrete suggestions will be made, which are not only relevant for the Belgian case but can be applied more broadly to other countries as well. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2017 |
Authors | Marieke Borren |
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