Search result: 34 articles

x
Year 2010 x
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.
Article

Article IX of the Outer Space Treaty: Extraterrestrial Back Contamination, the U.S. Constitution, and the "Politics" of U.S. Regulatory Authority

The 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 G.S. Robinson

G.S. Robinson
Article

A Pragmatic Approach to the "Harmful Contamination" Concept in Art. IX of the Outer Space Treaty

The 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. Williamson

M. Williamson
Article

Report of the Symposium

The 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 J. Sandalinas

J. Sandalinas

F. Tronchetti
Article

Possibility of Establishing a New International Space Exploitation Agency

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors D.H. Kim

D.H. Kim
Article

The Need to Implement the Outer Space Treaty through National Law in the Light of the Current and Foreseeable Space Activity

2010 IISL-ECSL Space Law Symposium Held on the Occasion of the 49th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "National Space Legislation: Crafting Legal Engines for the Growth of Space Activities"

Journal International Institute of Space Law, Issue 9 2010
Authors A. Kerrest

A. Kerrest
Article

Access_open Constitutionele toetsing in een democratie zonder volk

Een kelseniaanse rechtvaardiging voor het Europees Hof van Justitie

Journal Netherlands Journal of Legal Philosophy, Issue 2 2010
Keywords Kelsen, Democracy, Legitimacy, European Union, European Court of Justice
Authors Quoc Loc Hong
AbstractAuthor's information

    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.


Quoc Loc Hong
Quoc Loc Hong was a FWO Postdoctoral Fellow from 2007 to 2009 at the University of Antwerp. He is currently an independent researcher.
Article

The International Space Station as a "Trading Post in Outer Space": A View from Europe

Joint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions"

Journal International Institute of Space Law, Issue 8 2010
Authors R.P. Veldhuyzen

R.P. Veldhuyzen
Article

Europe's Approach to Human Space Missions

Joint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions"

Journal International Institute of Space Law, Issue 8 2010
Authors A. Farand

A. Farand
Article

Legal Aspects of International Cooperation in China's Manned Space Flights

Joint 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

H. Zhao

X. Wu
Article

Commercialization of Outer Space: Moving Towards Legal Certainty

Joint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions"

Journal International Institute of Space Law, Issue 8 2010
Authors S. Chakraborty

S. Chakraborty
Article

ITU Radio Regulatory Framework for Small Satellite Design and Operation

25th IAA-IISL Scientific-Legal Roundtable in Prague, Tchechoslovakia, 2010: "The New Age of Small Satellite Missions"

Journal International Institute of Space Law, Issue 7 2010
Authors A. Matas and Y. Henri

A. Matas

Y. Henri
Article

Report of the 53rd Colloquium on the Law of Outer Space in Prague, Czech Republic, October 2010

Colloquium Report

Journal International Institute of Space Law, Issue 6 2010
Authors M. Sánchez-Aranzamendi, I. Marboe, M. Mineiro e.a.

M. Sánchez-Aranzamendi

I. Marboe

M. Mineiro

K. Reinhardt

M. Sundahl

S. Freeland
Article

Space Procurement: A European Toolbox

Recent Developments in Space Law

Journal International Institute of Space Law, Issue 5 2010
Authors S. Hobe, M. Hofmannova and J. Wouters

S. Hobe

M. Hofmannova

J. Wouters

C. Doldirina

S. Ospina
Article

The Legal Categories in Outer Space

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors J.H. Castro Villalobos

J.H. Castro Villalobos
Showing 1 - 20 of 34 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.