Democracy

2021 ◽  
pp. 426-448
Author(s):  
Eric Gregory
Keyword(s):  
Historical Context ◽  
Balance Of Power ◽  
Public Philosophy ◽  
Christian Realism ◽  
Dialectical Method ◽  
Constitutional Order ◽  
Ethical Commitment ◽  
Power Rule ◽  
Form Of Government ◽  
Democratic Life

This chapter examines Reinhold Niebuhr’s anti-utopian defence of democracy, conceived primarily as a political arrangement marked by balance of power, rule by the governed, and a liberal constitutional order. Niebuhr’s democracy, however, is both a procedural form of government and a substantial ethical commitment. His essayistic style traversed disciplines in search of a pragmatic public philosophy that might navigate between hope and despair given inevitable conflict in democratic life. Pregnant with broader claims of morality and theology, his dialectical method crystallizes deep patterns of thought in what came to be known as his Christian Realism. The chapter places these views in historical context and notes their critical reception, highlighting debts to Augustinian, Marxist, Calvinist, and Kantian traditions. But the focus is normative and contemporary. Renewed questions about the uncertain prospects of democracy and its challenges suggest an opportunity to assess what is living and what is dead in Niebuhr’s influential account.

The Institutional Struggle

2018 ◽  
Author(s):  
Jonathan Preminger
Keyword(s):  
Labor Relations ◽  
Historical Context ◽  
Balance Of Power ◽  
Organized Labor ◽  
Front Line ◽  
The Third

Chapter 9 continues the investigation into the labor-capital balance of power, addressing the third of the three planes of struggle, that of institutional struggle. Focusing on the labor courts in a historical context, the chapter asserts that the courts are on the defensive, accused of being too “biased” in labor’s favor, as too “ideological” in contrast to the Finance Ministry’s “objective expertise”. It argues that attempts to limit the labor courts’ power act de facto to undermine collective labor relations. The labor courts, then, are on the front line of attempts to undermine organized labor by weakening the institutions and frameworks within which it operates.

scholarly journals Constitution without Constitutionalism? Challenges to constitutionalism in the Kyrgyz Republic

2019 ◽  
Vol 5 (2) ◽  
pp. 275
Author(s):  
Saniia Toktogazieva
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Balance Of Power ◽  
Constitutional Court ◽  
Third Wave ◽  
Kyrgyz Republic ◽  
Main Argument ◽  
Basic Principles ◽  
Constitutional Order ◽  
Basic Understanding

Application of basic principles revolving around the constitutionalism into third wave democracies, produced such phenomenon as constitutions “without constitutionalism”. This paper will revisit and discuss this issue in the context of the Kyrgyz Republic. Main argument and thesis of the paper is following: Where a viable balance of power exists, a constitutional court acquires importance as a key element of that order, thus promoting the constitutionalism. If no such balance exists, the constitutional court will soon become a tool of the more dominant powers and thus lose its relevance for a genuine constitutional order. The abovementioned thesis will be demonstrated by the example of the work of Constitutional Court of the Kyrgyz Republic. Mainly it first aims at providing a proper foundation and basic understanding of constitutionalism, further revisiting this concept in the context of Former Soviet Union and finally will discuss the development of constitutionalism in Kyrgyzstan along with challenges faced by the court.

‘Arbitress of the Universe’

2020 ◽  
pp. 337-378
Author(s):  
D.H. Robinson
Keyword(s):  
Political Economy ◽  
Armed Conflict ◽  
International System ◽  
Balance Of Power ◽  
Commercial Policy ◽  
Constitutional Order ◽  
The Future ◽  
Post War ◽  
The Universe

This chapter looks at the theories of geopolitics, political economy, and constitutional order that accompanied post-war visions of British hegemony, and how the patriot movement came to repurpose these ideas as an argument for American independence. Throughout the imperial crisis, colonists discussed imperial commercial policy in the context of geopolitics, and these discussions bore fruit in the conception of an empire not as a proto-federation but as an unequal league, in which trade and diplomacy were governed from the metropole. The leading voices of the patriot movement would endorse this vision of British power until—and in some cases beyond—the threshold of armed conflict. When the turn to revolution and secession finally came, it too was mediated by ideas about the balance of power, the geopolitics of empire, and the future shape of the international system that lay deep in the colonial past.

The date and purpose of the pseudo-Xenophon constitution of Athens

1997 ◽  
Vol 47 (2) ◽  
pp. 352-357 ◽  
Author(s):  
Harold B. Mattingly
Keyword(s):  
Historical Context ◽  
Athenian Democracy ◽  
Form Of Government ◽  
The Subject ◽  
Insight Into ◽  
Minor Works

This short political pamphlet has survived to our day through the lucky chance of being included in the minor works of Xenophon, and for over 150 years it has been the subject of lively scholarly debate. The unknown author was a confirmed oligarch, but with an insider's insight into Athenian democracy. Though he cannot approve of this form of government, he is astute enough to see that the system works well on its own terms and that it is therefore popular; it will prove very hard to overthrow. The work has proved difficult to tie down to an historical context.

Constitutional History

2020 ◽  
pp. 69-91
Author(s):  
Yvonne Tew
Keyword(s):  
Social Contract ◽  
Historical Context ◽  
The State ◽  
Constitutional History ◽  
Post Colonial ◽  
Constitutional Order ◽  
Narrow Focus ◽  
Constitutional Construction

This chapter explores the constitutional founding and road to independence in the post-colonial states of Malaysia and Singapore. It provides the historical context for understanding the constitution’s text and the foundations of the constitutional framework. Understanding the broader purposes that motivated the constitutional project provides us with the context necessary to interpret the constitutional text. For example, Malaysia’s constitutionalization of Islam as the state religion was part of a social contract memorialized in a constitutional bargain that also sought to protect minorities and individuals. This historical context is vital for understanding the role that religion would play in the new constitutional order. More generally, the constitutions of Malaysia and Singapore set in place an overarching framework for governance that envisaged continuing constitutional construction in these independent democracies. Rather than mandating a narrow focus on the framer’s specific expectations, as reflected by the Singapore Court of Appeal’s originalist approach, constitutional history helps reveal the foundational elements of a polity that can guide a contemporary adjudication approach. Faithfulness to the constitution calls for a deeper understanding of the foundational principles that underlie its structure and rights guarantees.

A Confucian Constitutional Order

2012 ◽  
Author(s):  
Jiang Qing
Keyword(s):  
Liberal Democracy ◽  
Political Legitimacy ◽  
Status Quo ◽  
The State ◽  
Unique Form ◽  
Constitutional Order ◽  
The People ◽  
Form Of Government ◽  
The Status ◽  
Political Ideal

As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? This book says yes. It sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. It is the most detailed and systematic work on Confucian constitutionalism to date. The book argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, it presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and it derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. The book also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics critically evaluate the book's theories and the author gives detailed responses to their views. The book provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation.

Institutional Structure: A Delicate Balance

2004 ◽  
Vol 1 (1) ◽  
pp. 52-56
Author(s):  
Paul Craig
Keyword(s):  
Working Group ◽  
Plenary Session ◽  
Balance Of Power ◽  
Constitutional Treaty ◽  
Constitutional Order ◽  
Title Iv ◽  
Short Piece ◽  
Full Discussion ◽  
The Many ◽  
The Eu

The inter-institutional balance of power within the EU is central to the new constitutional order. It is not therefore surprising that this topic, which is dealt with in Title IV of Part 1 of the Constitution, was contentious. This was evident in the process employed at the Convention. The Convention's general three-stage methodology of listening, examination, and proposal was not applied to the deliberations about institutions. There was no Working Group. The Convention discussions about institutions only began formally in January 2003. The Praesidium submitted its proposals to the Convention in April 2003. Full discussion of the draft articles concerned with institutions only occurred in the plenary session on 15-16 May 2003. There was no second reading in plenary about these articles. The Praesidium opted instead for consultations with the four constituent groups, governments, MEPs, National MPs, and the Commission, which took place on 4 June 2003. Formal text of the revised articles on the institutions only became available on 10 June, a mere three days before the concluding session on 13 June.This short piece cannot deal in detail with the many issues concerning the institutional provisions of the Constitutional Treaty. It is designed to be a brief guide to the relevant issues

Presidential Veto Power in Post-Communist Russia, 1994-1998

2001 ◽  
Vol 34 (3) ◽  
pp. 487-516 ◽  
Author(s):  
Andrea Chandler
Keyword(s):  
Historical Context ◽  
Veto Power ◽  
Constitutional Order ◽  
The Future ◽  
Independent Variable ◽  
Russian Politics ◽  
Boris Yeltsin

This article examines the use of presidential veto power in Russia from 1994 to 1998. Russia's 1993 constitution enables the president to veto legislation, but allows the bicameral Federal Assembly to overturn vetoes with a two-thirds majority. President Boris Yeltsin was a controversial figure in Russia's difficult post-communist transition, and although he had considerable executive powers, his power to veto legislation has rarely been examined as an independent variable which shapes Russian politics. This article looks at patterns of presidential vetoing in Russia within their comparative and historical context, and argues that unpredictable vetoing has become a substantial issue that has aggravated executive-legislative relations. Increasingly, the parliamentary opposition challenged presidential vetoes, with profound implications for the future constitutional order in Russia.

Unthinkable concepts, invisible genealogies: rereading the new materialist rereading of The Second Sex

2020 ◽  
Vol 21 (4) ◽  
pp. 483-500
Author(s):  
Katja Čičigoj
Keyword(s):  
Sexual Difference ◽  
Historical Context ◽  
New Materialism ◽  
Feminist Philosophy ◽  
Third Wave ◽  
Political Transformation ◽  
Ethical Commitment ◽  
Second Sex ◽  
Starting Point ◽  
Materialist Feminist

In the essay ‘Sexual Differing’ from their book New Materialism: Interviews and Cartographies, Rick Dolphijn and Iris van der Tuin develop their new materialist take on sexual difference through their rereading of Simone de Beauvoir’s The Second Sex. I propose to read this essay as deploying the ‘analytical tool’ of ‘jumping generations’ articulated in the homonymous paper by van der Tuin as signature of the ‘new materialist’ ‘third wave’ of feminist theory. By pointing to the immediate textual context of the passages from The Second Sex quoted in ‘Sexual Differing’, to the philosophical underpinning of Beauvoir's work, and to the historical context of its reception, I argue that while the tool of ‘jumping generations’, as put to use in ‘Sexual Differing’, might produce unexpected outcomes, it also risks confining to dusty feminist archives segments of feminist philosophy that might still be relevant for thinking gendered oppression and liberation today: Beauvoir's understanding of the social ontogenesis of freedom, the collective and egalitarian nature of political transformation and the genealogy of materialist feminist thought theoretically and historically linked to Beauvoir and The Second Sex. The issue is not merely one of historical and theoretical accuracy, but of enabling a capacious materialist analysis of gendered oppression and liberation. I conclude by pointing at how Dolphijn and van der Tuin's approach expressly discards understandings of history and scholarship that it nevertheless necessarily performs, and propose that this can be taken as a starting point to rethink sexual differing in terms of a political and ethical commitment beyond its originary metaphysical new materialist articulation. This is where, I propose, the above-mentioned conceptual resources linked to The Second Sex and muted by ‘Sexual Differing’ could prove fruitful, and timely.

scholarly journals The Spanish Transition as a Model of Political Consolidation

2020 ◽  
Vol 65 (4) ◽  
pp. 1218-1230
Author(s):  
María Jesús Pozas ◽  
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Change ◽  
Historical Context ◽  
The Political ◽  
Spanish Transition ◽  
Constitutional Order ◽  
Political Consolidation ◽  
Democratic System ◽  
Head Of Government

The article analyses the Spanish Transition from a dictatorship to a democracy as a process of political change during the period from Franco’s death in 1975 until the arrival of the Socialists to Power in 1982. Over this period, the political parties had reached a consensus, which contributed to reconciliation among the Spaniards culminating in the approval of the Constitution in 1978, which in its turn resulted in the creation of a rule-of-law state. The key people of the transition were King Juan Carlos I, who supported the democratic system; Adolfo Suárez, who became an active stateman under Franco’s regime, and was appointed Head of Government by the King during the transition; and Torcuato Fernández Miranda, President of the Franco’s Courts. During the Transition the sectarianism was abandoned, and a shared idea arose that our country was a democracy similarly to other European countries around us. The transition has been defined as a “model” because it took root, and democracy quickly consolidated. It has become a historical feat with no precedents, but above all we have to understand the historical context in which this occurred. The transition was possible thanks to genuine consensus among the Spaniards. Recently, an idea has emerged from the communist far left, and some socialists, along with separatists, connected with the 2008 crisis, which calls for the repeal of the constitutional order and the monarchy. The proponents of this idea consider monarchy a continuation of Franco’s regime. However, it is evident that the Constitution ensures and guarantees Spaniards’ rights and freedoms.

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