Search result: 13 articles

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Year 2010 x
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Access_open The Co-originality of Law and Democracy in the Moral Horizon of Modernity

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords co-originality, deliberative democracy, Habermas, Lefort, modernity
Authors Stefan Rummens
AbstractAuthor's information

    This paper argues that Neil Walker’s analysis of the complementary relationship between democracy and constitutionalism remains one-sided. It focuses only on the incompleteness of democracy and the democracy-realizing function of constitutionalism rather than also taking into account the reverse complementary and constitution-realizing function of democracy. In this paper, I defend a fuller account that takes into account this mutual complementarity between democracy and constitutionalism. Such an alternative approach is consequential for Walker’s argument in two respects. In terms of the general analysis of the relationship between democracy and constitutionalism, my adjusted approach leads to a defence of the Habermasian thesis of the co-originality of constitutionalism and democracy which is too quickly dismissed by Walker himself. A fuller appreciation of this co-originality suggests that the relationship between constitutionalism and democracy is perhaps, after all, more singularly complementary (as opposed to being both complementary and oppositional) than Walker recognizes. In terms of the more specific analysis of the impact of globalization, this adjusted approach tilts the argument in favour of the critics of current practices of postnational constitutionalism. Without complementary postnational democratic structures, this constitutionalism remains problematic and potentially oppressive.


Stefan Rummens
Stefan Rummens is Assistant Professor of Political Theory at the Institute for Management Research of the Radboud University Nijmegen, the Netherlands.

Bram Wauters
Bram Wauters (1975) is doctor in de sociale wetenschappen. Hij is verbonden aan de Vakgroep Bestuur en Beleid van de Hogeschool Gent (associatie Universiteit Gent). Zijn onderzoeksinteresses bevinden zich op het raakvlak tussen vertegenwoordiging, politieke partijen en verkiezingen.
Article

Politici aan het woord

Een onderzoek naar politici en hun taalstijlen

Journal Res Publica, Issue 2 2010
Keywords Political metaphor, Flemish-Belgian politics, political interviews, ideological style
Authors Christ’l De Landtsheer and Dieter Vertessen
AbstractAuthor's information

    This article details metaphor styles in Belgian-Flemish political discourse. Some scholars complain about uniformity and colorlessness of the modern political discourse. In this 'sound bite culture', metaphor plays, nevertheless, a major role. Sound bites were, in fact, found to rely upon these traditional elements of style. The present, empirical, article examines variety in metaphor used by Flemish politicians. The first part consists of a quantitative metaphor analysis of written press interviews with male and female politicians. The second part presents the results of in-depth interviews with politicians on the subject of their own and colleagues' political (metaphor) style strategies. The conclusion confronts politicians' impressions with our findings on political (metaphor) style in Flanders.


Christ’l De Landtsheer
Christ'l De Landtsheer (1956) is hoogleraar communicatiewetenschappen aan de Universiteit Antwerpen. Haar onderzoeksdomein omvat linguïstische, psychologische, socialisatie- en nieuwe media aspecten van politieke communicatie.

Dieter Vertessen
Dieter Vertessen (1982) is lector aan de Karel De Grote-Hogeschool Antwerpen. Zijn interesse gaat uit naar politieke marketing en online communicatie.
Article

Women Can and Should Have It Both Ways

Finding a Balance Between the EU’s New Law on Maternity Leave and American Maternity Provisions

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords European Union, maternity leave, family, work
Authors Amy Lai
AbstractAuthor's information

    This paper critiques the EU’s new la won maternity leave by contextualizing it in the historical development of EU law as well as in feminist criticism. It arguaes in favour of generous paid maternity leave provisions based on economic and psychological arguments. It then examines the likely impact of an extension of maternity leave a the EU level on member states. Finally, it studies the Family and Medical Leave Act of the United States to reveal the insufficiencyof its maternity leave provisions, especially when compared to the generous provisions in current EU law. This paper arrives at the conclusion that new mothers, be they Europeans or Americans, can and should be able to reconcile their wort and family obligations.


Amy Lai
Amy Lai is a student at Boston College Law School and holds a Ph.D. from Cambridge. The author would like to express her gratitude to Professor Sophie Robin-Olivier for her comments on the draft.
Article

Karlsruhe v. Lisbon

An Overture to a Constitutional Dialogue from an Estonian Perspective

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords constitutional dialogue, Karlsruhe decision, supranationalism
Authors Tanel Kerikmae and Katrin Nyman-Metcalf
Abstract

    The article uses the 2009 decision of the German Constitutional Court on the Lisbon Treaty as a basis for an analysis of the relationship between EU law and Member State law, especially Member State constitutions. The authors argue that an uncritical openness of Member States to supremacy of EU law and the interpretations made of it by the European Court of Justice is not necessary but rather an analytical attitude towards the development of EU with active legal argumentation to protect the rule of law – a deliberative supranationalism. A constitutional dialogue between Member States and the EU is the best protection and promoter of rule of law. The constitutional discussions in Estonia are used as an illustration of the balancing of national constitutional principles and supremacy or EU law.


Tanel Kerikmae

Katrin Nyman-Metcalf
Article

What Critiques Have Been Made of the Socratic Method in Legal Education?

The Socratic Method in Legal Education: Uses, Abuses and Beyond

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords Socratic method, legal education, learning theory, critical thinking, feminist pedagogy
Authors Christie A. Linskens Christie
AbstractAuthor's information

    Legal education is known for its use of the Socratic method. It appears, however, that the Socratic method may not be just for law students any more: American educators are now considering the method in the teaching of non-law school students. One perceived benefit of teaching by the Socratic method is that a student will learn by critical thinking rather than rote memorization. A major criticism of the method, however, is that a student may suffer low self-esteem from the perception that the method engages in ‘bullying’. The articles discussed in this literature review address the method in learning theory, the method in law school, criticisms of the method and proposals to use the method for non-law students. This article will analyze the Socratic method, the pros and cons of the method and its application outside of the law school.


Christie A. Linskens Christie
Christie A. Linskens Christie is a PhD Student, Urban Education at the University of Wisconsin-Milwaukee, Adjunct Professor at Marquette University Law School and Staff Attorney, Legal Aid Society of Milwaukee, Inc.
Article

Constitutional Review in the Caribbean

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Guyana, electoral reform, constitutional reform, international human rights law, Caribbean
Authors Avril Anande Trotman-Joseph
AbstractAuthor's information

    Guyana, South America, is a former colony of Britain and the only English-speaking country in South America, but has more in common with its English-speaking Caribbean neighbours. Constitutional reform and resulting constitutional amendments were precipitated in 1999-2000 by civil unrest following national elections and dissatisfaction by the major opposition with the outcome of an election characterized by ethnic differences between respective supporters of parties backed by followers of traditionally Indian, African and Amerindian origin. This process was a brokered effort to ameliorate the national dissatisfaction and an opportunity for civil society representatives and political representatives of the unicameral House of Parliament to work together in recommending electoral and constitutional reform. The outcome was the radical reform and modernization of the constitutional entrenchment of the modern concepts of international human rights law. In this regard Guyana is ahead of the other sister nations of the Caribbean, CARICOM grouping in terms of constitutional advancements. However, the political will to realize far-reaching electoral and governance reforms, as well as the effective implementation of the entrenched human rights reforms, still lags behind, despite the amendment of the constitution, the appointment of several commissions and the establishment of a parliamentary oversight committee tasked with continuous constitution review.


Avril Anande Trotman-Joseph
Avril Anande Trotman-Joseph is presently a law partner with the firm of Joseph & Joseph in Saint George’s, Grenada. She is an OAS and UNIFEM Consultant in the Caribbean; she serves on the Board of the Caribbean Institute of Leadership and as Deputy Chairperson of Grenada’s Integrity and Anti Corruption Commission.
Article

Establishing Protection Mechanisms for Bureaucrats

The Case of the Independent Oversight Board of Civil Service of Kosovo

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Kosovo Civil Service, Civil service, Oversight Board, law, reform
Authors Dren Doli, Fisnik Korenica and Artan Rogova
AbstractAuthor's information

    This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.


Dren Doli
Dren Doli is a Senior Research Fellow at the Group for Legal and Political Studies, and a Senior Lecturer on Law Principles at Universum University College, having served earlier as a Senior Legal Executive for Integration to the Kosovo Prime Minister.

Fisnik Korenica
Fisnik Korenica is a Lecturer on the Theory of State and Law at the University of Prishtina, and a Senior Research Fellow at the Group for Legal and Political Studies.

Artan Rogova
Artan Rogova is a Senior Research Fellow at the Group for Legal and Political Studies, as a Lecturer on Economics of European Integration at Universum University College.
Article

Act of Parliament: The Role of Parliament in the Legislative Process

A Commonwealth Perspective

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process
Authors Denis Kibirige Kawooya
AbstractAuthor's information

    Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.


Denis Kibirige Kawooya
Denis Kibirige Kawooya is a Senior State Attorney in the Ministry of Justice and Constitutional Affairs, Uganda, a member of the Commonwealth Association of Legislative Counsel, Uganda Law Society, East African Law Society and an Advocate of the High Court of Uganda.

Monika Ambrus

Marjolein Busstra

Kristin Henrard
Monika Ambrus is assistant professor at the Erasmus University of Rotterdam; Marjolein Busstra is policy advisor at the Netherlands Ministry of Foreign Affairs; Kristin Henrard is professor of minority protection also at the Erasmus University of Rotterdam. This publication has been made possible by a generous VIDI grant of the Netherlands Foundation of Scientific Research. The authors wish to thank an anonymous referee and the editorial board of the Erasmus Law Review for thoughtful comments. The usual disclaimer applies.

Ellen Hey
Editor in Chief.
Article

Opkomstplicht in Vlaanderen: een gespreide slagorde?

Onderzoek naar de gelaagdheid van houdingen ten aanzien van de opkomstplicht

Journal Res Publica, Issue 1 2010
Keywords compulsory voting, Belgium, turnout, multi level context
Authors Dries Verlet, Ann Carton and Marc Callens
AbstractAuthor's information

    Belgium is one of the advanced Western democracies with compulsory voting. There is continuing scholarly and societal debate on this feature of the electoral system, however, both form a normative and an empirical perspective. One argument in favor of compulsory voting is that it more or less guarantees the inclusion of all citizens of the political system, at least at election time. This paper addresses this argument in an empirical way on the basis of a 2007 survey from Flanders, by analyzing the potential drop outs at various layers of the political system and in different geographical locations in the case of the abolition of compulsory voting. It concludes that without the system of compulsory voting some particular groups of citizens will turn out in lower numbers than other groups. In the explanation of these diverging levels of turnout individual level characteristics are most important, e.g. political powerlessness, level of education, gender, age, as well as societal involvement and political preference. As a result of the abolition of compulsory voting the Flemish electorate will show itself in a differing electoral order of battle.


Dries Verlet
Dries Verlet (1977) is doctor in de politieke en sociale wetenschappen (Universiteit Gent) en sinds eind 2007 adviseur beleidsevaluatie aan de Studiedienst van de Vlaamse Regering. Daarnaast is hij ook actief als gastdocent aan de Hogeschool Gent (Departement Handelswetenschappen en Bestuurskunde). Tot 2007 was hij doctor-assistent aan de Universiteit Gent. Zijn onderzoek en onderwijs omvat de volgende onderzoeksdomeinen: beleidsevaluatie, methodologie, statistiek, politieke participatie en subjectief welzijn.

Ann Carton
Ann Carton is doctor in de sociale wetenschappen (K.U.Leuven, departement Sociologie) en is momenteel adviseur-coördinator van het Team kwaliteit statistiek, survey, toekomstverkenningen en beleidsevaluatie op de Studiedienst van de Vlaamse Regering. Ze is eveneens verantwoordelijk voor de organisatie van en kwaliteitszorg over de survey ‘Sociaal-culturele verschuivingen in Vlaanderen’ en de contactpersoon voor ISSP (International Social Survey Programme) in Vlaanderen.

Marc Callens
Marc Callens (1958) is als senior onderzoeker verbonden aan de Studiedienst van de Vlaamse Regering. Hij promoveerde aan de Katholieke Universiteit Leuven op een onderzoek naar multiniveau logistische regressie. Hij doet voornamelijk onderzoek naar toegepaste statistiek, kwaliteit van het leven, armoededynamiek en surveymethodologie.
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