The Special Nature of Constitutional Discourse

Author(s):  
Víctor Ferreres Comella
2017 ◽  
Vol 110 ◽  
pp. 95-106
Author(s):  
Adam Sulikowski

CONSTITUTIONALISM AND THE „REVENGE OF POSTMODERNISM”The main purpose of this article is to discuss the current situation of constitutional discourse as aresult of „Revenge of postmodernism”. This „Revenge” shows itself in taking over the methods of the leftist critique of democratic institutions by the radical right. This „Barbarization” of subtle methods of left-wing criticism leads to far-reaching consequences unforeseen by its founding fathers — Michel Foucault, Jacques Derrida or Judith Butler. The author, using various theories formulated by Chantal Mouffe, Ernesto Laclau and Artur Kozak, seeks to explain this phenomenon and to show its implications for the future evolution of the constitutional discourse.


City, State ◽  
2020 ◽  
pp. 17-50
Author(s):  
Ran Hirschl

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as contrasted with the silence of public law in general, and of comparative constitutional law in particular. Next, the chapter takes a look at the dominant statist stance embedded in constitutional law, in particular as it addresses sovereignty and spatial governance of the polity. A brief account of what national constitutions actually say about cities, and more significantly what they do not is then given. Finally, the chapter turns to the tendency in political discourse on collective identity to understand the “local” almost exclusively at the national or regional levels, rather than distinguishing urban interests from those of the state. Taken together, the four angles of city constitutional (non)status examined here highlight the bewildering silence of contemporary constitutional discourse with respect to cities and urbanization, as well as the strong statist outlook embedded in national constitutional orders, effectively rendering the metropolis a constitutionally non-tenable entity.


Author(s):  
Sanjay Jain

The primary objective of this chapter is to advance claim for the recognition of new category in public law, physical and mental disability. While making the phenomenon of public law exclusion of persons with disability a structural issue, it argues for the inclusion of persons with disability in constitutional discourse and recognition of physical and mental disability as one of the distinct fields of public law. The crux of the arguments advanced in this chapter is the emphasis on physical and mental disability as a legitimate difference and variation in the human body rather than a deviation from the mainstream Anthropos.


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