scholarly journals Let the People Decide! Assessing the Democratic Legitimacy of the Brexit Referendum

MaRBLe ◽  
2019 ◽  
Vol 1 ◽  
Author(s):  
Jacob Rozenburg
Keyword(s):  
Democratic Legitimacy ◽  
Democratic Process ◽  
Critical Approach ◽  
Decision To Leave ◽  
The Public ◽  
Objective Truth ◽  
The People ◽  
The Will ◽  
The Subject ◽  
The Eu

While the decision to organise a Brexit has been the subject of seemingly endless debate, the legitimacy of this decision is generally accepted by those on both sides of the fence. The notion that a Brexit must happen, whatever the costs, as “the people have spoken”, has cemented itself in the public debate as some form of objective truth. However, in order to safeguard British democracy, it is in fact necessary to take a more critical approach to this perceived “legitimacy”. In order to provide such an approach, this paper challenges the Brexit’s democratic legitimacy on two levels. First, using Canovan’s “redemptive” and “pragmatic” faces of democracy, it argues that the “will of the people” has been unable to legitimise the decision to leave the EU. Second, focusing in on the conduct of the referendum, it argues that due to procedural errors, the referendum has additionally been unable to translate “the will of the people” in the first place. By taking this two-step approach to the Brexit’s legitimacy question, this paper exposes the general fragile nature of referenda and highlights how the Brexit referendum has failed to communicate the “will of the people” and subsequently strengthen the UK’s democratic process.

scholarly journals Catch 22: The Privatization of Danish TV 2 vs. EU Rules of State Aid

2006 ◽  
Vol 22 (40) ◽  
pp. 9
Author(s):  
Frands Mortensen
Keyword(s):  
Historical Development ◽  
Equity Capital ◽  
State Aid ◽  
The State ◽  
The Public ◽  
Sales Process ◽  
Public Broadcaster ◽  
The Will ◽  
Catch 22 ◽  
The Eu

Since 2001, the Danish government has wanted to privatize the public broadcaster TV 2; however, the sales process has been halted. Ap- parently the EU rules on competition block for the will of the majority in the Danish parliament. The presentation explains this paradox by de- scribing the historical development of two processes: the attempt to the privatize TV 2 and the state aid cases against TV 2, which were opened by the Commission and now pending at the Court of First In- stance. The conclusion finds no inconsistency between the govern- ment's wish and the rules on State aid, but TV 2 has unlawfully trans- ferred funding for programming to equity capital, and the Commissi- ons has misinterpreted the conditions for using Article 86(2) in the Treaty in the evaluation of the recapitalization of TV 2. These two processes now obstruct each other.

20. Mergers (1): introduction

2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Rapid Development ◽  
Merger Control ◽  
Digital Platforms ◽  
The Public ◽  
Foreign Acquisition ◽  
The Subject ◽  
National Governments ◽  
Key Industries ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

Regional-Cosmopolitan Constituent Power

2020 ◽  
pp. 69-86
Author(s):  
Markus Patberg
Keyword(s):  
Member State ◽  
First Principles ◽  
Political Community ◽  
The Political ◽  
Constituent Power ◽  
The Public ◽  
Cross Border ◽  
The People ◽  
We The People ◽  
The Eu

This chapter deals with the question of whether the public narrative of ‘We, the people of Europe’, which claims constituent power for a cross-border demos composed of EU citizens, can be justified in terms of a systematic model. To that end, it draws on the political theory of regional cosmopolitanism, which holds that even though the EU is not a state, it has its own political community. The literature on regional cosmopolitanism offers two possible strategies of defending the idea of an EU-wide constituent power: a first-principles approach and a reconstructive approach. The chapter argues that only the latter proves viable, and then goes on to examine the merits of the model that it gives rise to. While regional-cosmopolitan constituent power plausibly responds to the fact that the EU has created a new group of addressees and authors of the law, it neglects the continuing importance of the member state peoples and fails to explain how an EU-wide constituent power could be reconciled with the compound and dependent nature of the EU polity.

The Institutions of Deliberative Democracy

2000 ◽  
Vol 17 (1) ◽  
pp. 181-202 ◽  
Author(s):  
William Nelson
Keyword(s):  
Deliberative Democracy ◽  
Political Process ◽  
The Political ◽  
Democratic Process ◽  
Current Interest ◽  
Democratic Institutions ◽  
Men And Women ◽  
The People ◽  
The Will ◽  
Over Time

A theory of democratic institutions should provide us with a coherent combination of definition and justification. It should explain how it defines democratic institutions and also how they will or should function; but it also should explain why democracy, so understood, is desirable. We are all familiar with stories about the fiscal excesses to which democracies are prone, stories about the ignorance of voters, and stories about the venality of legislators. Some of us may also be suspicious of concepts such as “consent” or “the will of the people” associated with traditional arguments for democracy. Against this background, the current interest in deliberative democracy seems promising. This conception of democracy does not rely, for example, on the idea of rational and knowledgeable voters satisfying preferences they have independent of the political process. Nor does it rely on any notion of an independent popular will. Instead, it offers a picture of the democratic process as one in which men and women engage in constructive discussion, seeking a principled resolution of their differences and developing, over time, a conception of the terms on which they will live with one another.

scholarly journals GERAKAN ECOTON DALAM UPAYA PEMULIHAN SUNGAI BRANTAS

2020 ◽  
Vol 2 (1) ◽  
pp. 20
Author(s):  
Miatus Sholikhah ◽  
Siti Zunariyah
Keyword(s):  
Social Movement ◽  
Environmental Movement ◽  
The Public ◽  
Movement Theory ◽  
The People ◽  
Management Procedure ◽  
The Media ◽  
The Subject ◽  
New Social Movement ◽  
New Social Movement Theory

<p>Most of Indonesia’s rivers fall into the heavily polluted category. One of the heavily polluted rivers in Indonesu is the Brantas River. This research had purpose to understanding the problems in Brantas River and also to know the environmental movement in order to recovering Brantas River. The theory which was used in this research was New Social Movement theory from Rajendra Singh. This research was qualitative research with etnography methods. Data was obtained by observation, detailed interview, and also documentation. The subject of this research was Ecoton, the public accompanied by Ecoton on the headwaters and the downstream of the Brantas River, and the school accompanied by Ecoton. Researcher was using source triangulation techniques to test the collected data legitimation. Researcher used Miles and Huberman’s outlook in data analysis, which consist of three activity lines; data reduction, data presentation and draw conclusions.</p>            Results show that there were many problems happened in Brantas River from the headwaters to the downstream. There were five problems found in this research. <em>First,</em> problems in Brantas River headwaters was reclaiming the land functions and illegal logging. <em>Second,</em> there were many abandoned buildings on the riverside. <em>Third</em>, domestic pollution from household. The buildings which were built on the riverside had made the people to easily throw away their garbages to the Brantas River. Mostly it was diapers, which could endanger human and the fishes whom lives in Brantas River. <em>Fourth</em>, the industrial pollution which already exceeds the permittable treshold. Industry had oftenly disposed their waste to the river without conducted the sewage management procedure which then created the new problems in Brantas River: a mass death fish. A mass death fish had become the <em>fifth</em> problems in Brantas River. The damage of environmental condition of Brantas River had pushed the movement from Ecoton. In their movement, Ecoton had the characteristic new social movement which was the ideology of care to the Brantas River damage. The strategy which was used by Ecoton were conducted partitions research, environmental education, advocation and also involved the media on every movement they had done. Ecoton had the non-institutional structure, which was unconcerned with power but put their focus to reach the aims and the visions.

scholarly journals Konstitusi Agraria Upaya Reforma Agraria Melalui Program LARASITA Pensertipikatan Hak Milik Atas Tanah

2016 ◽  
Vol 2 (02) ◽  
pp. 245-266
Author(s):  
Nurma Khusna Khanifa
Keyword(s):  
Certificate Program ◽  
The Public ◽  
The People ◽  
Actual Field ◽  
The Will ◽  
Agrarian Law ◽  
Sense Of Justice ◽  
Laws And Regulations

One proactive services implemented by BPN in an effort to make it easy for people to land services in obtaininga land certificate program LARASITA (People Services For Land Certificate). BPN services contained within LARASITA in actual field program carried out by the District Land Office or City. LARASITA program is asympathetic effort to serve people whowant to make a land certificate. LARASITA is an innovative policies that depart from the fulfillment of the necessary sense of justice, and is expected to be considered by the public. LARASITA built and developed to make real mandate of Article 33 paragraph (3) of the Constitution of 1945, the Basic Agrarian Law, as well as all laws and regulations in land and keagrariaan. Development LARASITA depart from the will and motivation to bring the Indonesian National Land Agency (BPN RI) with thecommunity, as well as changing the paradigm of implementing the duties and functions of BPN RI waiting oractive or passive to proactive, go to the people directly.

scholarly journals Konsultacje społeczne jako forma demokratycznej partycypacji mieszkańców w zarządzaniu wspólnotą lokalną

2017 ◽  
Vol 21 ◽  
pp. 131-145
Author(s):  
Beata Springer
Keyword(s):  
Social Participation ◽  
Critical Analysis ◽  
Local Community ◽  
Case Law ◽  
Public Consultation ◽  
Democratic Participation ◽  
European Law ◽  
The Public ◽  
The People ◽  
The Subject

Public consultation as a form of democratic participation in managing of local communityThe article discusses the issue of public consultation, legal and formal issues, used in national and European law. It shows the genesis of the Polish regulation of consultation. It presents one of the mechanisms for social participation in the local community and the opportunities offered by the use of this toolIt discusses how important it should be to consult with the people, to communicate with the public. The subject of the study is also a critical analysis of the solutions adopted in resolutions concerning the holding of consultations. At the same time particular examples of solutions used in resolutions of local government are shown. Attention is drawn to the irregularities in constructing the resolutions and the reluctance of parts of local authorities to carry out the consultations. The whole bearing was selected decisions and case law of the administrative courts.

scholarly journals FACTORS THAT AFFECT DELIBERATION OF MAGUWOHARJO VILLAGE DEVELOPMENT PLANNING SUB-DISTRICT DEPOK REGENCY SLEMAN YOGYAKARTA

2020 ◽  
Vol 19 (1) ◽  
pp. 91
Author(s):  
Muhammad Rafi ◽  
Ulung Pribadi ◽  
Fajar Rahmanto
Keyword(s):  
Community Involvement ◽  
Development Planning ◽  
Political Factors ◽  
The Public ◽  
Analysis Techniques ◽  
Deliberation Process ◽  
The People ◽  
The Subject ◽  
The Public Sphere ◽  
The Village

This research is based on the view of the deliberation forum in the village which should be able to provide dialogue space and community involvement as the subject of development planning, however, the facts that are seen are that the community in Maguwoharjo village is still seen as an object of development planning and the essence of the deliberation forum in the public sphere in the village has not been able to reflect in full by the people in the area. This study aims to analyze the factors that influence deliberation in development planning deliberations and analyze points of weakness in the deliberation process in Maguwoharjo village. The method in this study uses qualitative research methods with data analysis techniques using NVivo12plus software. The results showed that the leadership factor had a percentage of around 36% in influencing community involvement, the socio-cultural factor in the village had a percentage of around 15% where each figure involved had a dominant view that was very thick with Javanese Culture, from the aspect of communication, had a percentage of around 13% in conveying the interests of village development, then, local political factors have a percentage of around 13%, where every participant involved in the village consultation forum has the same interest in development in his area. This study found that the leadership factor was very dominant in influencing the community to be actively involved in the village discussion forum and still found several weaknesses in the deliberation process in the village. 

The European Union: How does it work?

2018 ◽  
Keyword(s):  
European Union ◽  
Theory And Practice ◽  
The European Union ◽  
Eurozone Crisis ◽  
Decision To Leave ◽  
Knowledge And Skills ◽  
Global Context ◽  
Expert Team ◽  
The Subject ◽  
The Eu

The European Union: How Does It Work? is a perfect first introduction to the European Union, providing concise, accessible coverage of all the main actors, policies, and developments in the EU. An expert team of leading scholars and practitioners cuts through the complexity to explain clearly how the EU works in theory and practice. The book equips readers with the knowledge and skills required to master the subject. Throughout the text engaging and innovative features such as ‘How it really works’ and ‘Compared to what?’ boxes support the analysis, helping readers to think broadly and critically about the reality of EU politics and policy-making. This edition reflects the ongoing changes in the European Union in the aftermath of the Eurozone crisis, and also the changing global context in which the EU operates. In addition, it features a discussion of the topical debate about the United Kingdom’s decision to leave the EU.

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