Search result: 5 articles

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Year 2016 x
Article

Managing the EU Acquis

Journal European Journal of Law Reform, Issue 3 2016
Keywords EU, legislation, accessibility, updating
Authors William Robinson
AbstractAuthor's information

    EU legislation plays a key role in filling in the gaps in the framework created by the EU Treaties. The body of EU legislation known as the acquis has grown piecemeal over 60 years to a confused and confusing patchwork of over 100,000 pages. There is an urgent need for a more coherent approach to updating, condensing and revising that legislation to ensure that it is readily accessible. New mechanisms should be established for those tasks, or else the existing mechanisms should be enhanced and exploited to the full.


William Robinson
Associate Research Fellow, Institute of Advanced Legal Studies, London.
Article

Access_open E pluribus unum? The Manifold Meanings of Sovereignty

Journal Netherlands Journal of Legal Philosophy, Issue 2 2016
Keywords political sovereignty, power, legislative sovereignty, constitutive power, external sovereignty
Authors Raf Geenens
AbstractAuthor's information

    This article investigates and classifies the different meanings of the term sovereignty. What exactly do we try to convey when using the words “sovereign” or “sovereignty”? I will argue that, when saying that X is sovereign, we can mean five different things: it can mean that X holds the capacity to force everyone into obedience, that X makes the laws, that the legal and political order is created by X, that X holds the competence to alter the basic norms of our legal and political order, or that X is independently active on the international stage. These different usages of the term are of course related, but they are distinct and cannot be fully reduced to one another.


Raf Geenens
Raf Geenens is an assistant professor of Ethics and Legal Philosophy at the Institute of Philosophy, University of Leuven.
Article

Access_open ‘Should the People Decide?’ Referendums in a Post-Sovereign Age, the Scottish and Catalonian Cases

Journal Netherlands Journal of Legal Philosophy, Issue 2 2016
Keywords sub-state nationalism, referendums, sovereignty, deliberative democracy, Scottish referendum
Authors Stephen Tierney
AbstractAuthor's information

    This article uses the rise of referendum democracy to highlight the tenacity of modern nationalism in Western Europe. The proliferation of direct democracy around the world raises important questions about the health of representative democracy. The paper offers a theoretical re-evaluation of the role of the referendum, using the 2014 referendum on Scottish independence to challenge some of the traditional democratic criticisms of popular democracy. The final part of the paper addresses the specific application of referendums in the context of sub-state nationalism, addressing what might be called `the demos question'. This question was addressed by the Supreme Court in Canada in the Quebec Secession Reference but has also been brought to the fore by the Scottish reference and the unresolved issue of self-determination in Catalonia.


Stephen Tierney
Stephen Tierney is Professor of Constitutional Theory at the University of Edinburgh and Director of the Edinburgh Centre for Constitutional Law.

Péter Smuk
Associate professor, Department of Constitutional Law and Political Science; Faculty of Law and Political Sciences, Széchenyi István University, Győr.
Article

De invloed van verkiezingen op politiek vertrouwen

Een analyse van een verkiezingspanel in België, 2009-2014

Journal Res Publica, Issue 3 2016
Keywords procedural fairness theory, political trust, internal political efficacy, elections, Belgium
Authors Dieter Stiers and Marc Hooghe
AbstractAuthor's information

    Elections are routinely investigated with a focus on the way in which winners or losers of the elections are different in their attitudes towards the political system. There is no previous research on the general impact of participation in the electoral process on support for the political system. In this study, we hypothesize – based on the procedural fairness theory – that participating in elections raises the voter’s political trust, irrespective of the result of the party s/he voted for. Furthermore, we expect this impact to be largest for voters with the lowest level of internal political efficacy. These expectations are investigated using the Belgian election panel (2009-2014) study, observing political trust before and after the elections in two consecutive electoral cycles. The results provide support for all proposed hypotheses, highlighting the importance of general participation in elections for democratic legitimacy.


Dieter Stiers
Dieter Stiers is FWO-aspirant verbonden aan het Centre for Citizenship and Democracy van de KU Leuven. Zijn onderzoek richt zich op verkiezingsgedrag en in het bijzonder op de oorzaken en gevolgen van electorale volatiliteit.

Marc Hooghe
Marc Hooghe is gewoon hoogleraar politieke wetenschappen aan het Centrum voor Politicologisch Onderzoek van de KU Leuven. Hij is houder van een ERC Advanced Grant.
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