Hubris, constitutionalism, and “the indissoluble unity of the Spanish nation”: The repression of Catalan secessionist referenda in Spanish constitutional law

2019 ◽  
Vol 17 (3) ◽  
pp. 943-969 ◽  
Author(s):  
Hèctor López Bofill
Keyword(s):  
Criminal Law ◽  
Liberal Democracy ◽  
Constitutional Law ◽  
The Political ◽  
Liberal Democracies ◽  
Spanish Constitution ◽  
Liberal Democratic

Abstract This article analyzes the struggles of the Catalan government to organize a referendum on secession and the constitutional framework invoked by the Spanish central authorities to prohibit it. The repression of secessionist referenda within the Spanish constitutional framework triggers several problematic questions concerning the role of constitutional supremacy in handling subnational secessionist challenges developed under a pacific and democratic framework. The article offers a comparison between the Spanish-Catalan case and other examples of secessionist referenda within liberal democracies, underscoring that the Spanish solution of repressing such referenda through criminal law is unique in the liberal democratic context. The article also offers a description of the political, historical, and legal circumstances surrounding the Spanish central authorities’ actions that explains the Spanish constitutional response to both the Catalan Consultation held on November 9, 2014, and the referendum on Catalan independence held on October 1, 2017. The article concludes by arguing that the prohibition of the Catalan referendum initiatives on independence and their subsequent prosecution through criminal law may cripple the basic pillars of the Spanish liberal democracy designed under the 1978 Spanish Constitution.

Does Liberal Democracy Presuppose a Cultural Nation? Four Arguments

2002 ◽  
Vol 96 (3) ◽  
pp. 495-509 ◽  
Author(s):  
ARASH ABIZADEH
Keyword(s):  
Social Integration ◽  
National Culture ◽  
Liberal Democracy ◽  
Public Culture ◽  
Normative Theory ◽  
Democratic Politics ◽  
Liberal Democracies ◽  
Democratic Deliberation ◽  
Liberal Democratic ◽  
Shared Norms

This paper subjects to critical analysis four common arguments in the sociopolitical theory literature supporting the cultural nationalist thesis that liberal democracy is viable only against the background of a single national public culture: the arguments that (1) social integration in a liberal democracy requires shared norms and beliefs (Schnapper); (2) the levels of trust that democratic politics requires can be attained only among conationals (Miller); (3) democratic deliberation requires communicational transparency, possible in turn only within a shared national public culture (Miller, Barry); and (4) the economic viability of specifically industrialized liberal democracies requires a single national culture (Gellner). I argue that all four arguments fail: At best, a shared cultural nation may reduce some of the costs liberal democratic societies must incur; at worst, cultural nationalist policies ironically undermine social integration. The failure of these cultural nationalist arguments clears the way for a normative theory of liberal democracy in multinational and postnational contexts.

scholarly journals Summum supplicium in the Legislation of Christian Roman Emperors

2019 ◽  
pp. 39-56
Author(s):  
Andrzej Chmiel
Keyword(s):  
Present State ◽  
Criminal Law ◽  
Social Groups ◽  
The Political ◽  
New Order ◽  
Political Struggle ◽  
Criminal Penalty ◽  
Legal Situation ◽  
Criminal Legislation

This publication is an attempt to answer the question: what was the role of the criminal penalty, especially in its strictest form (summum supplicium) in the Roman legislation of Christian emperors? Finally, whether is it noticeable, based on the example of summum supplicium, that Christianity influenced the Roman criminal law in any way? As it has been demonstrated, the new state religion did not radically change the Roman criminal legislation. The legislation of the Christian emperors confirmed both, the division of society into servi and liberii that had existed for centuries in the Roman state and the diversity of the legal situation of individual social groups. Punishment in the legislation of Christian emperors continued to fulfil the role it had played in the previous centuries and became, even more than ever before, an essential tool for the political struggle of the present state authority. The finest example of this was the legislation of Constantine the Great, followed by all the severity of criminal repression which resulted in the issuing of this legal act. A great desire to bring about a new order, maintain power and even the fear of losing it can be detected in the strictness of the Constantine’s legislation. Finally, the once persecuted Christians began to behave like their previous persecutors.

Liberalism, Terrorism and the Politics of Fear

Politics ◽  
2003 ◽  
Vol 23 (3) ◽  
pp. 200-206 ◽  
Author(s):  
Chris Sparks
Keyword(s):  
Civil Society ◽  
The Political ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Politics Of Fear ◽  
Democratic Societies ◽  
Political Health ◽  
The Impact

This article considers the impact of terror and fear on the political health of liberal democratic societies. It examines the strategic use of terror to produce a politics of fear through an exploration of current Western reactions to terrorism. The argument is developed through a presentation of a three-part map of the politics of fear constituted by the instigation of fear, the (attempted) eradication of fear and the management of fear. Central to this presentation is an analysis of the destabilising effects the introduction of terror has on civil society and government, and of the effective ways of responding to it. Running through the presentation is an analysis of the constitution of terror and fear, their relationship to each other and to the general insecurities which beset liberal democracies.

Exploring the “Liberal Paradox” from the Inside: Evidence from the Swedish Migration Courts

2018 ◽  
Vol 52 (4) ◽  
pp. 1162-1185
Author(s):  
Livia Johannesson
Keyword(s):  
Qualitative Research ◽  
Immigration Policy ◽  
Political Discourse ◽  
The Political ◽  
Immigration Policies ◽  
Political Debate ◽  
Liberal Democracies ◽  
Liberal Paradox ◽  
Do So

Courts are influential actors during the implementation of immigration policies in liberal democracies. The “liberal paradox” thesis stipulates that courts are driven by logics that hamper restrictionist immigration policies. This study contributes to this theory by exploring the norm construction of impartiality among judicial workers in Swedish migration courts when deciding asylum appeals. Its findings contradict the liberal paradox assumption that courts act according to inner logics that benefit immigrants’ rights. At Sweden’s migration courts, judicial workers show impartiality by using a skeptical approach to asylum applicants and do so to distance themselves from the political discourse of generosity that has dominated Swedish political debate for decades. The broader implications of these findings are that immigration policy theories can benefit from qualitative research exploring informal norm constructions in courts, as such work can offer new insights about the role of courts in the implementation of immigration policies.

Juristocracy vs. Theocracy: Constitutional Courts and the Containment of Sacred Law

2009 ◽  
Vol 1 (2) ◽  
pp. 129-165 ◽  
Author(s):  
Ran Hirschl
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
The Political ◽  
Political Movements ◽  
Social Forces ◽  
Constitutional Courts ◽  
Law And Courts ◽  
Political Interests ◽  
Formal Recognition

AbstractOne of the fascinating yet seldom explored phenomena in predominantly religious polities in the Middle East and elsewhere is the growing reliance on constitutional courts and their jurisprudential ingenuity to contain the spread of religiosity or advance a pragmatic version of it. In this article, I explore the scope and nature of this phenomenon. I proceed in several main steps. First, I define what may be termed "constitutional theocracy" with its often conflicting legal commitments, political interests, and social realities. Second, I examine the main epistemological, juridical and political reasons why constitutional law and courts are so appealing to secularist, modernist, cosmopolitan, and other non-religious social forces in polities facing deep divisions along secular/religious lines. Third, I look at various modes of interpretive ingenuity drawn upon by constitutional courts in Egypt, Pakistan, Israel, and Turkey in order to contain, limit, and mitigate the resurgence of religiosity in their respective polities. All of these countries have experienced a growth in the influence of religious political movements, with a commensurate increase in the levels of popular support that they receive. Despite the considerable differences in these countries' formal recognition of, and commitment to, religious values, there are, however, some striking parallels in the way that the constitutional courts in these (and in other similarly situated countries) have positioned themselves as important secularizing forces within their respective societies. I conclude by drawing some general lessons concerning the political construction of judicial review and the secularizing role of constitutional courts in an increasingly religious world.

Liberal Democracy: One Form or Many?

1992 ◽  
Vol 40 (1_suppl) ◽  
pp. 130-145 ◽  
Author(s):  
Alan Ware
Keyword(s):  
Liberal Democracy ◽  
Cultural Context ◽  
American Exceptionalism ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Subsequent Section ◽  
The One

This article examines whether there are significant differences between liberal democracies which warrant them being classified as different forms of democracy. The article begins by outlining six features of liberal democracy which are crucial in understanding how this type of government works. The subsequent section examines the origins of liberal democracy and considers the relevance of arguments derived from American ‘exceptionalism’. Attention is then focused on liberal democratic governments today – by reference to Lijphart's distinction between ‘majoritarian’ and ‘consensus' democracies. Finally, the article looks at whether the form of liberal democracy is changed substantially when it is transplanted into a cultural context different from the one in which it originated. The general conclusion is that there is no case for identifying different forms of liberal democracy.

Liberal Democratic Torture

2005 ◽  
Vol 36 (1) ◽  
pp. 1-16 ◽  
Author(s):  
STEVEN LUKES
Keyword(s):  
Liberal Democracy ◽  
Dirty Hands ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Core Elements ◽  
The Absolute ◽  
The Law ◽  
Torture Memos ◽  
Lesser Evil

Liberal democracies have long practised torture, but should they ever permit their officials to torture (and, if so, when?), how should their citizens think and talk about it, and how should the law treat it? Is it just another instance of ‘dirty hands’ in politics? If it averts some terrible harm, can resorting to it be seen as choosing the ‘lesser evil’? What, then, is torture? The ‘torture memos’ of the Bush administration's legal advisers are reviewed and their attempt to narrow its definition criticized, as is Judge Posner's attempt to confine it to physical coercion. Attempts to evade the questions above (on the grounds that torture is never effective in averting disaster) are rejected. It is suggested that torture, unlike other cases of dirty hands considered, cannot be rendered liberal-democratically accountable, in the sense that it will sometimes be legitimate and, when not, punished, because its practice cannot be publicly recognized without undermining both the democratic and liberal components of liberal democracy. This suggestion is supported by adducing a ‘Durkheimian argument’ to the effect that our institutions and customs have been so penetrated by core elements of an egalitarian ‘religion of individualism’ that violating them threatens a kind of ‘moral disintegration’. This, it is argued, requires liberal democracies to reject the very idea of a scale that can allow comparison of the benefits against the costs of torturing. The absolute prohibition serves to maintain inhibitions, though these are currently being eroded by the fear of terrorism.

scholarly journals THE NEW ROLE OF THE GREENS IN THE POLITICAL LIFE OF GERMANY

2020 ◽  
Vol 4 (1) ◽  
pp. 63-75
Author(s):  
V.V. Pushkareva
Keyword(s):  
Political Life ◽  
The Political ◽  
Opinion Poll ◽  
Social Democrats ◽  
The Public ◽  
Liberal Democratic ◽  
Potential Partner ◽  
Left Party ◽  
Radical Movement

The article analyzes the new role of the Alliance 90/The Greens in the political life of Germany. The Greens have come a long way: from the leftist radical movement of protest and opposition to the parliamentary party. The author describes the reasons of the Greens’ popularity in the modern period, notes the success of the party both within the country and at the European level. According to the public opinion poll conducted in the autumn of 2019, the ratings of the ruling CDU/CSU and the Greens became equal. It should be stated that the Greens have lost their radical position and off-system orientation but they continue to demonstrate a predisposition to the opposition of the liberal-democratic nature, which implies a willingness to fight for the reform of the existing social system. In this regard, the Greens are close to modern Social Democrats, but the degree of their social criticism is certainly higher, which makes them a potential partner of the left party. From the leftist off-systemic standing to the systemic leftism: that is the result of the political evolution of the Greens. It is in favor of this conclusion that the party's current position in the political life of Germany testifies. But the problem is whether the party will be able to adapt to new conditions and maintain the credibility with the voters until 2021, the next federal election in the Bundestag?

scholarly journals The Crisis in the Rise of Representative Liberal Democracy to Populist Authoritarianism with Post-Truth Politics

2021 ◽  
Vol 72 ◽  
pp. 210-235
Author(s):  
Nihal UMAR ◽  
Gencay SAYLAN
Keyword(s):  
Liberal Democracy ◽  
World Order ◽  
Global Capitalism ◽  
Political Regime ◽  
The Political ◽  
Political Methodology ◽  
Northern Cyprus ◽  
Global World ◽  
Quantitative And Qualitative Methods

In this century, representative liberal democracy is universally considered as the most perfect political regime. However, it is emphasized that the same political regime is exposed to a major crisis for the last 10-20 years as well as looking for ways out. Pursuant to many political scientists, the representative liberal democracy has the authoritarianism tendency that is defined as populism, and they relate it post-truth politics. It is also underlined that due to the politics with such negative elements, democracy contains paradox in terms of practice and discourse. Political regimes become functional within a certain social structure and it is obvious that democracy as a type of political system becomes functional within global world order, namely capitalism. In the research, political methodology, which studies the quantitative and qualitative methods, has been. This study aims to clarify how global capitalism throws representative liberal democracy into major functionality crisis, and the political and administrative rise of populist authoritarianism through post-trust. The sample of the study consists of academics working as lecturers in universities in Northern Cyprus. The results show that, there is a difference between demographic charecteristics of the participants responses to representative liberal democracy, know about populist authoritarianism and post truth politics. There is also a relationship between the political scientists’ authoritarianism tendency and authoritaritarianism defined as populism, as well as between liberal democracy role over the major crisis and role of global capitalism throws representative liberal democracy into major functionality crisis.

scholarly journals Politiske skandaler i danske medier 1980-2010

Politik ◽  
2011 ◽  
Vol 14 (3) ◽  
Author(s):  
Mark Blach-Ørsten
Keyword(s):  
Liberal Democracy ◽  
The Political ◽  
Private Person ◽  
Dramatic Rise ◽  
Political Scandals ◽  
Political Scandal

This article presents an overview of the political scandal in Denmark from 1980 to 2010. The article focuses on two kinds of scandal: The political scandal that concerns a minister or a politician’s transgressions within the realm of politics, and the norm scandal that concerns a minister or a politician’s personal transgressions either in the role of minister/politician or as a private person. The article concludes that there has been a dramatic rise in the number of political scandals from 2000 and onwards, but also that this rise – with some exceptions – may be viewed as a sign of Denmark as a healthy liberal democracy. 

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