This paper approaches Walker’s work from the perspective of the ubiquity of human rights language within the rhetoric of global constitutionalism. Building on Walker’s description of the relationship between constitutionalism and democracy, what I wish to suggest is that the spread of human rights discourse is intimately connected with attempts to apply constitutional discourse beyond the state. By highlighting the way in which human rights have become place-takers for political legitimacy in discussions of international constitutionalism, the paper is intended to challenge Walker to state his own position more forcefully and to develop further his insight concerning the irresolvable tension in the iterative relationship between constitutionalism and democracy. |
Search result: 46 articles
Year 2010 xArticle |
Introduction, Problem and Finalists Briefs19th Manfred Lachs Space Law Moot Court Competition, 2010: Case Concerning Suborbital Tourism, Definition of Outer Space and Liability (Aspirantia v. Republica) |
Journal | International Institute of Space Law, Issue 12 2010 |
Discussion |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2010 |
Keywords | global constitutionalism, legitimacy, human rights, Neil Walker, post-state democracy |
Authors | Morag Goodwin |
AbstractAuthor's information |
Article |
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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. |
Article |
The 2010 U.S. National Space Policy and its Potential for Upholding the Principles of the Outer Space Treaty RegimeThe 5th Eilene M. Galloway Symposium on Critical Issues in Space Law in Washington D.C., United States, December 2010: "Art. IX of the Outer Space Treaty and Peaceful Purposes: Issues and Implementation" |
Journal | International Institute of Space Law, Issue 11 2010 |
Authors | M.S. Smith |
Article |
OST Article IX, Improvements: Cultural and Natural Heritage ElementsThe 5th Eilene M. Galloway Symposium on Critical Issues in Space Law in Washington D.C., United States, December 2010: "Art. IX of the Outer Space Treaty and Peaceful Purposes: Issues and Implementation" |
Journal | International Institute of Space Law, Issue 11 2010 |
Authors | F. Lyall |
Article |
Appropriateness of the Moon Agreement for Lunar Exploration and UseGlobal Lunar Conference in Beijing, China: IISL Session |
Journal | International Institute of Space Law, Issue 10 2010 |
Authors | R. Jakhu, S. Hobe and S. Freeland |
Research Note |
Besmettelijke partijenAnti-immigratiepartijen en hun effect op de immigratiestandpunten van andere partijen |
Journal | Res Publica, Issue 4 2010 |
Authors | Joost van Spanje |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2010 |
Keywords | Kelsen, Democracy, Legitimacy, European Union, European Court of Justice |
Authors | Quoc Loc Hong |
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This article draws on Hans Kelsen’s theory of democracy to argue that, contrary to conventional wisdom, there is nothing fundamentally wrong with the democratic legitimacy of either the European Union (EU) or the European Court of Justice (ECJ). The legitimacy problems from which the EU in general and the ECJ in particular are alleged to suffer seem to result mainly from our rigid adherence to the outdated conception of democracy as popular self-legislation. Because we tend to approach the Union’s political and judicial practice from the perspective of this democracy conception, we are not able to observe what is blindingly obvious, that is, the viability and persistence of both this mega-leviathan and the highest court thereof. It is, therefore, imperative that we modernize and adjust our conception of democracy in order to comprehend the new reality to which these bodies have given rise, rather than to call for ‘reforms’ in a futile attempt to bring this reality into accordance with our ancient preconceptions about what democratic governance ought to be. Kelsen is the democratic theorist whose work has enabled us to venture into that direction. |
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Perspectives on Improving United States International Space CooperationJoint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions" |
Journal | International Institute of Space Law, Issue 8 2010 |
Authors | J.D. Rendleman and W. Faulconer |
Article |
The International Space Station as a "Trading Post in Outer Space": A View from EuropeJoint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions" |
Journal | International Institute of Space Law, Issue 8 2010 |
Authors | R.P. Veldhuyzen |
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Europe's Approach to Human Space MissionsJoint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions" |
Journal | International Institute of Space Law, Issue 8 2010 |
Authors | A. Farand |
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Legal Aspects of International Cooperation in China's Manned Space FlightsJoint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions" |
Journal | International Institute of Space Law, Issue 8 2010 |
Authors | H. Zhao and X. Wu |
Article |
Negatieve campagnevoering in de Nederlandse consensusdemocratie: de ontwikkelingen sinds Fortuyn |
Journal | Res Publica, Issue 3 2010 |
Keywords | negative campaigning, consensus democracy, election campaign, political advertising, election debates |
Authors | Annemarie S. Walter |
AbstractAuthor's information |
During the last decades, election campaigns in Western Europe have undergone major changes. In response to an altered electoral market, political parties have started to campaign more offensively, making use of campaign tactics such as negative campaigning. Negative campaigning strongly conflicts with the political culture of consensus and cooperation that is inherent to many West European political systems, especially in the Netherlands, in which coalition building has always been a necessity. Taking the Netherlands as a case-in-point, this article demonstrates that even in a consensual multiparty system like the Dutch one negative campaigning is on the rise. Indeed, by exploring the last four election campaigns this study demonstrates that negative campaigning is part-and-parcel of the Dutch electoral politics ever since 2002. |
Article |
Space Procurement: A European ToolboxRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | S. Hobe, M. Hofmannova and J. Wouters |
Article |
From National Sectorial Space Strategy to International Cooperation to Race into Outer SpaceRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | M. Bahrami and A. Golroo |
Article |
Is the EU Legal Regime of Remote Sensing Data Protection Facilitating the Development of the Market of Applications?Recent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | C. Doldirina |
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Outer Space and the Agenda for the 2011 World Radio Communication ConferenceRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | C.Q. Christol |
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Recent Challenges Facing the Management of Radio Frequencies and Orbital Resources Used by SatellitesRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | M. Buzdugan |
Article |
In Search of the Current Legal Status of the Registration of Space ObjectsThe Current Status of the Rule of Law with Regard to Space Activities |
Journal | International Institute of Space Law, Issue 4 2010 |
Authors | S. Aoki |