Hume's Constitutionalism and the Identity of Constitutional Democracy

1996 ◽  
Vol 90 (3) ◽  
pp. 488-496 ◽  
Author(s):  
Robert A. Manzer

Modern constitutional democracy entails a particular kind of political self-understanding that uniquely centers on a constitution. While many recent studies have focused on how constitutional text shapes this self-understanding, little attention has been paid to the implications of different views of constitutional authority. This is a critical consideration, however, because constitutional authority has always been intrinsically fragile within constitutional democracy, and never more so than at present. In this article, I explore the potential of constitutional science to generate a conception of constitutional authority and collective identity. I focus on David Hume's effort to use constitutional science to shape opinion about liberty and the nature of the political community. This analysis also provides a basis for reflecting on the problematic relation of democracy to constitutionalism and on the peculiar problem of constitutional opinion in constitutional democracy.

2000 ◽  
Vol 28 (4) ◽  
pp. 671-694 ◽  
Author(s):  
Kataryna Wolczuk

The demise of the Soviet Union entailed a reconfiguration of the political space and a reforging of collective identities within the boundaries of the new successor states. In the view of Anthony Smith, this was inevitable: “the rediscovery of the national self is not an academic matter, it is a pressing practical issue, vexed, and contentious, which spells life or death for the nationalist project of creating a nation.” Defining the national “self not only accomplishes a symbolic break with the previous political community but also sets out the parameters of statehood with regard to language and minority rights. However, even if the newness of the polity precipitates ”the definition, creation, and solidarification of a viable collective identity,“ this can be anything but straightforward. New states dwell on particularism, that is they look to ”local mores, established institutions, and the unities of common experience—to ‘tradition,’ ‘culture,’ ‘national character,’ or even ‘race’ for the roots of a new identity.“ And yet defining the national particularism may be fraught with inherent difficulties because, as Geertz observed, ”new states tend to be bundles of competing traditions gathered accidentally into concocted political frameworks rather than organically evolving civilizations.“


Author(s):  
András Sajó ◽  
Renáta Uitz

With the rise of populist, anti-constitutional sentiment and the normalization of the anti-terror state it has once again become imperative to explain what constitutionalism means for the constitutional legal order and the political community which is meant to live by it. This book’s intention is less to guide technically proper constitution-writing and interpretation, but rather showing what is at stake in the debate on constitutionalism. It aims to demonstrate why constitutionalism should continue to matter. In doing so, the constitutional facts are left to speak for themselves. Muses and technicians of classic constitutions are lined up alongside the inspired architects of more recent ones to show what constitutionalism can be about and what constitutions have become in constitutional law. Constitutional democracy is more fragile and less ‘natural’ than autocracy. Unfortunately, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. They also conveniently failed to protect themselves emotionally and intellectually against the cult of simple solutions. Generations who lived in stable democracies with the promise that their enviable world will become the global ‘normal’ find this difficult to conceive. It is difficult, but never too late to look at one’s own constitutional system as one that is fragile and in need of constant attention and care. Therefore, recapitulating how constitutionalism protects us and how it can be undone with its very own means became the task of this book.


2020 ◽  
Vol 4 (1) ◽  
pp. 76-113
Author(s):  
Francesco Rotiroti

This article seeks to define a theoretical framework for the study of the relation between religion and the political community in the Roman world and to analyze a particular case in point. The first part reviews two prominent theories of religion developed in the last fifty years through the combined efforts of anthropologists and classicists, arguing for their complementary contribution to the understanding of religion's political dimension. It also provides an overview of the approaches of recent scholarship to the relation between religion and the Roman polity, contextualizing the efforts of this article toward a theoretical reframing of the political and institutional elements of ancient Christianity. The second part focuses on the religious legislation of the Theodosian Code, with particular emphasis on the laws against the heretics and their performance in the construction of the political community. With their characteristic language of exclusion, these laws signal the persisting overlap between the borders of the political community and the borders of religion, in a manner that one would expect from pre-Christian civic religions. Nevertheless, the political essence of religion did also adapt to the ecumenical dimension of the empire. Indeed, the religious norms of the Code appear to structure a community whose borders tend to be identical to the borders of the whole inhabited world, within which there is no longer room for alternative affiliations; the only possible identity outside this community is that of the insane, not belonging to any political entity and thus unable to possess any right.


Author(s):  
András Sajó ◽  
Renáta Uitz

This book examines the implications of constitutionalism for the constitutional legal order and the political community which is meant to live by it. The book demonstrates what is at stake in the debate on constitutionalism through numerous examples of political anomalies and abuse of power. It presents stories of constitutional success and failure to give a sense of the current threats, arguing that constitutions are not mere practical applications of political philosophies or opportunistic political deals. The book considers foundational issues related to constitutions and constitutionalism as reflected in influential ideas, political practices, and social dynamics behind the scenes.


Author(s):  
Piero Ignazi

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.


Author(s):  
Matthew Clayton ◽  
Andres Moles

Is the political community morally permitted to use neurointerventions to improve the moral conduct of children? Putting aside difficult questions concerning the institutionalization of moral enhancement, the authors address this question, first, by arguing that is not, in itself, always morally impermissible for the community to impose neurointerventions on adults. Although certain ideals, such as the ideal of individual autonomy, limit the permissible employment of neurointerventions, they do not generate a moral constraint that always forbids their use. Thereafter, they argue that because young children lack certain moral capacities that adults possess, the moral limits that pertain to the use of neurointerventions to improve their moral behaviour are, in principle, less restrictive than they are for adults.


Author(s):  
Sona N. Golder ◽  
Ignacio Lago ◽  
André Blais ◽  
Elisabeth Gidengil ◽  
Thomas Gschwend

Voters face different incentives to turn out to vote in one electoral arena versus another. Although turnout is lowest in European elections, it is found that the turnout is only slightly lower in regional than in national elections. Standard accounts suggest that the importance of an election, in terms of the policy-making power of the body to be elected, drives variation in turnout across elections at different levels. This chapter argues that this is only part of the story, and that voter attachment to a particular level also matters. Not all voters feel connected to each electoral arena in the same way. Although for some, their identity and the issues they most care about are linked to politics at the national level, for others, the regional or European level may offer the political community and political issues that most resonate with them.


Author(s):  
Alasdair Cochrane

Chapter 3 asks what kinds of institutions are needed to protect the worth and rights of sentient creatures. The chapter’s ultimate claim is that they are best protected by democratic institutions: that is, institutions which are participative, deliberative, and representative, and underpinned by a set of entrenched rights. Crucially, the chapter further argues that those institutions should be comprised of dedicated animal representatives. The job of those representatives should be to act as trustees of the interests of ‘animal members’ of the political community. In other words, their job should be to translate the interests of animals with whom we share a ‘community of fate’ into their deliberations with other representatives over what is in the public good.


2021 ◽  
pp. 1-16
Author(s):  
Khemthong Tonsakulrungruang

Abstract Triggered by the sense of crisis, the Thai state and Thai Buddhism are renewing their traditional relationship kindled by the monarch-led reform over a century ago. Thai Buddhism is reviving its lost aura and hegemony while the political conservatives are looking for legitimacy and collective identity in a time of democratic regression. The result is the rise of the Buddhist-nationalistic movement, Buddhist-as-Thainess notion. The phenomenon has grown more mainstream in recent years. These extreme Buddhists pressure the government to adopt a new constitutional relationship that brings the two entities closer to a full establishment. They also target both religious minorities as well as non-mainstream Buddhists. The revival of Buddhist nationalism foretells rising tension as well as diminishing religious freedom.


2018 ◽  
Vol 5 (1) ◽  
pp. 18-38
Author(s):  
Stephen J. Rosow

Contestation over war memorialization can help democratic theory respond to the current attenuation of citizenship in war in liberal democratic states, especially the United States. As war involves more advanced technologies and fewer soldiers, the relation of citizenship to war changes. In this context war memorialization plays a particular role in refiguring the relation. Current practices of remembering and memorializing war in contemporary neoliberal states respond to a dilemma: the state needs to justify and garner support for continual wars while distancing citizenship from participation. The result is a consumer culture of memorialization that seeks to effect a unity of the political community while it fights wars with few citizens and devalues the public. Neoliberal wars fought with few soldiers and an economic logic reveals the vulnerability to otherness that leads to more active and critical democratic citizenship.


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