scholarly journals Is Constitutional Pluralism (Il)liberal? On the Political Theory of European Legal Integration in Times of Crisis

2021 ◽  
Vol 22 (4) ◽  
pp. 491-505
Author(s):  
Hugo Canihac
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
Normative Theory ◽  
Liberal Theory ◽  
The Political ◽  
Legal Doctrine ◽  
The One ◽  
Constitutional Pluralism ◽  
Legal Integration ◽  
The Eu

AbstractThis Article uncovers the normative political theory underlying the legal doctrine of constitutional pluralism, as it is used in the EU today. Constitutional pluralism, once described as a semi-official legal doctrine in the EU, is now being used by some member states to challenge its authority and rules. By reconstructing the political thought of one of its founders, N. MacCormick, this Article takes issue with two most common interpretations of constitutional pluralism: On the one hand, it has been claimed that the normative political content of constitutional pluralism is virtually identical, or at least compatible, with that of Kantian rights-based cosmopolitanism; on the other, it has been contended, especially with regard to its uses in Hungary and Poland, that it was an inherently dangerous, illiberal, normative theory. This Article offers to move away from current legal debates to go back to the origins of constitutional pluralism. It argues that constitutional pluralism is not a purely liberal theory indeed. But neither is it inherently illiberal. Rather, both liberal and illiberal readings are possible, but partial, interpretations of MacCormickian constitutional pluralism. A more systematic interpretation shows that constitutional pluralism opens a path to move beyond this somewhat archetypical divide.

Law and virtue in a post-sovereign “Commonwealth:” Neil MacCormick and the political theory of constitutional pluralism

2020 ◽  
pp. 175508822097581
Author(s):  
Hugo Canihac
Keyword(s):  
European Union ◽  
Political Theory ◽  
Political Thought ◽  
Ethical Theory ◽  
Institutional Design ◽  
Legal Theory ◽  
Liberal Theory ◽  
The Political ◽  
The European Union ◽  
Constitutional Pluralism

This paper reconstructs the political thought of the Scottish legal philosopher, and eventually MEP, Sir Neil MacCormick (1941–2009), the founder of “constitutional pluralism,” one of the most influential legal theories of the European union today. It argues that his legal theory is underpinned by a coherent and original political theory of post-sovereignty. But, contrary to many current interpretations, this article argues that normatively, constitutional pluralism is not a purely liberal theory. Neither is it inherently illiberal, as has been contended. Instead, this article spells out the hybrid institutional design imagined by N. MacCormick and inspired by the thought of D. Hume, as well as the lineaments of an ethical theory of post-sovereignty he developed. So doing, while I will argue that it ultimately leads to a kind of republican cosmopolitanism, the political theory of constitutional pluralism is shown to open up an important, if not fully developed, avenue to escape some shortcoming commonly associated with post-sovereignty.

John Stuart Mill and the Antagonistic Foundation of Liberal Politics

2010 ◽  
Vol 72 (1) ◽  
pp. 25-53 ◽  
Author(s):  
Brandon P. Turner
Keyword(s):  
Political Theory ◽  
Modern Society ◽  
John Stuart Mill ◽  
Liberal Theory ◽  
The Political ◽  
Liberal Politics ◽  
Institutional Level ◽  
Liberal Democratic ◽  
Liberal Citizenship ◽  
The One

AbstractThe agonistic critique of liberalism argues that liberal theory unwisely eliminates conflict from the design of liberal-democratic institutions and understandings of liberal citizenship. John Stuart Mill anticipates and resolves the agonistic critique by incorporating several theories of antagonism into his political theory. At the institutional level, Mill places two antagonisms at the center of his political theory: the tension between the popular and bureaucratic elements in representative government, on the one hand, and that between the democratic and aristocratic elements in modern society, on the other. These tensions guarantee the fluidity of the political sphere. At the experiential level, Mill's embrace of antagonism is even more complete, as he argues that even our objectively correct opinions must be ceaselessly contested to become properlyours. The theory that emerges is both agonistic and liberal; further, it calls into question current liberal attitudes concerning conflict and antagonism.

Entangling Plato: A Guide through the Political Theory Archive

2021 ◽  
pp. 009059172199807
Author(s):  
Liam Klein ◽  
Daniel Schillinger
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
The Political ◽  
Athenian Democracy

Political theorists have increasingly sought to place Plato in active dialogue with democracy ancient and modern by examining what S. Sara Monoson calls “Plato’s democratic entanglements.” More precisely, Monoson, J. Peter Euben, Arlene Saxonhouse, Christina Tarnopolsky, and Jill Frank approach Plato as both an immanent critic of the Athenian democracy and a searching theorist of self-governance. In this guide through the Political Theory archive, we explore “entanglement approaches” to the study of Plato, outlining their contribution to our understanding of Plato’s political thought and to the discipline of political theory.

ESMA as a Residual Lawmaker: The Political Economy and Constitutionality of ESMA’s Product Intervention Measures on Complex Financial Products

2021 ◽  
Author(s):  
Pablo Iglesias-Rodríguez
Keyword(s):  
Political Economy ◽  
Investor Protection ◽  
The Political ◽  
Regulatory Arbitrage ◽  
Financial Products ◽  
Intervention Measures ◽  
Binary Options ◽  
The One ◽  
National Competent Authorities ◽  
The Eu

AbstractThis article proposes that product intervention constitutes a form of residual lawmaking by ESMA that allows it to tackle aspects of investor protection not addressed by EU incomplete financial laws. Whilst product intervention may bring about certain advantages and may contribute to mitigating regulatory arbitrage problems, it constitutes a highly intrusive regulatory mechanism that raises important questions concerning: (a) ESMA’s rationale and motivations for its use; (b) its compliance with the EU constitutional framework; and (c) its adequacy for the regulation of complex financial products. This article addresses these questions through an analysis of the rationale and consequences of ESMA’s product intervention measures on binary options and contracts for differences of May 2018–July 2019, and of recent reforms of ESMA’s powers. It offers three main contributions to the existing literature. First, it contributes to the literature on administrative discretion and agencies’ rulemaking through an analysis of the political economy of ESMA’s deployment of product intervention powers and, also, of what this reveals about the relationships between ESMA and the EU Institutions, on the one side, and ESMA and National Competent Authorities, on the other. Second, it contributes to the literature on the constitutionality of EU agencies through an examination of the compliance of ESMA’s product intervention measures with EU constitutional law and requirements. Third, it examines whether product intervention constitutes an adequate mechanism to address problems pertaining to investor protection in complex financial products markets and, in doing so, it contributes to the scholarly discussion on complex financial products’ regulation.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

How to Read James Fitzjames Stephen: Technocracy and Pluralism in a Misunderstood Victorian

2021 ◽  
pp. 1-14
Author(s):  
GREGORY CONTI
Keyword(s):  
Political Thought ◽  
Two Dimensions ◽  
Public Affairs ◽  
Liberal Theory ◽  
The Political ◽  
Expert Rule ◽  
Popular Government

This paper offers a new reading of the political thought of the mid-Victorian jurist and intellectual James Fitzjames Stephen. Contrary to impressions of Stephen as a conservative or religious authoritarian, this article recognizes the liberal character of Stephen’s thought, and it argues that investigating Stephen’s liberalism holds lessons for us today about the structure of liberal theory. Stephen, the paper demonstrates, articulated robustly both technocratic and pluralistic visions of politics. Perhaps more stridently than any Victorian, he put forward an argument for the necessity and legitimacy of expert rule against claims for popular government. Yet he also insisted on the plurality of perspectives on public affairs and on the ineluctable conflict between them. Because both of these facets existed in his work, he fit within the liberal ranks, but he did not show how the two dimensions fit together. The tension that we discover from reading Stephen is, the article concludes, not peculiar to him, but a permanent feature of liberal theories, which always include both technocratic and pluralistic elements.

HOPE AND MEMORY IN THE THOUGHT OF JUDITH SHKLAR

2011 ◽  
Vol 8 (3) ◽  
pp. 591-620 ◽  
Author(s):  
KATRINA FORRESTER
Keyword(s):  
Cold War ◽  
Political Theory ◽  
John Rawls ◽  
Political Thought ◽  
Harvard University ◽  
The Political ◽  
American Liberalism ◽  
Judith Shklar ◽  
Exclusive Focus

Current interpretations of the political theory of Judith Shklar focus to a disabling extent on her short, late article “The Liberalism of Fear” (1989); commentators take this late essay as representative of her work as a whole and thus characterize her as an anti-totalitarian, Cold War liberal. Other interpretations situate her political thought alongside followers of John Rawls and liberal political philosophy. Challenging the centrality of fear in Shklar's thought, this essay examines her writings on utopian and normative thought, the role of history in political thinking and her notions of ordinary cruelty and injustice. In particular, it shifts emphasis away from an exclusive focus on her late writings in order to consider works published throughout her long career at Harvard University, from 1950 until her death in 1992. By surveying the range of Shklar's critical standpoints and concerns, it suggests that postwar American liberalism was not as monolithic as many interpreters have assumed. Through an examination of her attitudes towards her forebears and contemporaries, it shows why the dominant interpretations of Shklar—as anti-totalitarian émigré thinker, or normative liberal theorist—are flawed. In fact, Shklar moved restlessly between these two categories, and drew from each tradition. By thinking about both hope and memory, she bridged the gap between two distinct strands of postwar American liberalism.

The Cambridge Companion to Hannah Arendt Edited by Dana Villa. Cambridge: Cambridge University Press, 2001. 320p. $55.00 cloth, $20.00 paper.

2002 ◽  
Vol 96 (3) ◽  
pp. 627-628
Author(s):  
Jeffrey C. Isaac
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
Hannah Arendt ◽  
The Political ◽  
High Quality ◽  
Cambridge University

This is an excellent collection of essays about the political thought of Hannah Arendt. Its editor, Dana Villa, has assembled a first-rate group of scholars, many of whom are already well known for their contributions to Arendt studies. The volume is distinguished by the high quality of its contributions and by the effort of so many of its contributors to go beyond standard lines of exegesis to raise interesting questions and to press the boundaries of Arendt commentary. Arendt's work has received a great deal of attention from political theorists in recent years. The Cambridge Companion to Hannah Arendt makes clear the richness of her thinking, the range of her concerns, and the ability of her writings to inspire creative commentary and constructive political theory.

BEYOND UNITY

2011 ◽  
Vol 8 (2) ◽  
pp. 383-388 ◽  
Author(s):  
Cristina Beltrán
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
The Political ◽  
Du Bois ◽  
Race Politics

Lawrie Balfour and Robert Gooding-Williams have given us powerful new works of scholarship on the political thought of W. E. B. Du Bois. Not only do these publications enrich the field of Du Bois scholarship, they exemplify the exciting possibilities at the intersection of political theory and race politics.

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