scholarly journals Nostalgic Constitutional Identity

Author(s):  
Michał Stambulski

The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but the past. Longing for a lost homeland becomes a dominant social emotion. The author shows that this vision of the past is present in constitutions, especially in post-communist countries. It influences constitutional identity and, due to different temporal structures, is in conflict with the constitutional identity of the EU. The article ends with an analysis of the consequences of such a politics of nostalgia and the possible defence mechanisms against it.

2009 ◽  
Vol 12 (3) ◽  
pp. 375-395 ◽  
Author(s):  
Siobhan Kattago

Since 1989, social change in Europe has moved between two stories. The first being a politics of memory emphasizing the specificity of culture in national narratives, and the other extolling the virtues of the Enlightenment heritage of reason and humanity. While the Holocaust forms a central part of West European collective memory, national victimhood of former Communist countries tends to occlude the centrality of the Holocaust. Highlighting examples from the Estonian experience, this article asks whether attempts to find one single European memory of trauma ignore the complexity of history and are thus potentially disrespectful to those who suffered under both Communism and National Socialism. Pluralism in the sense of Hannah Arendt and Isaiah Berlin is presented as a way in which to move beyond the settling of scores in the past and towards a respectful recognition and acknowledgement of historical difference.


2015 ◽  
Vol 26 (4) ◽  
pp. 71-92
Author(s):  
Sune Haugbølle

Denne artikel analyserer arabiske marxistiske intellektuelles læsninger af de arabiske opstande siden 2011 og introducerer til arabisk postmarxisme forstået som social teori, der baserer sig på hele den brede familie af marxistiske teorier og traditioner men forholder sig kritisk til den. Artiklen trækker på Alain Badious undersøgelse af begivenhed, situation og spor. For rigtigt at forstå en begivenhed som de arabiske opstandes betydning, må nogen engagere sig i at undersøge dette spor kritisk. Jeg argumenterer, at arabisk postmarxisme repræsenterer en kritisk undersøgelse af et Badiousk spor, der viser tilbage til uafklarede begivenheder i fortiden. Sporet går i retning af tidligere arabiske revolutioner, og de arabiske marxisters deltagelse i dem samt deres tidligere læsninger af forholdet mellem stat, samfund og intellektuelle. Deres erindringsarbejde er således også et politisk arbejde, der søger at forklare, hvordan de arabiske opstande blev muliggjort, og hvordan de adskiller sig fra tidligere revolutionære øjeblikke. Denne analyse viser yderligere, at ikke-vestlige samfunds egne læsninger og intellektuelle traditioner skal tages alvorligt i sammenlignende studier af revolution. Postmarxistisk teori er relevant for revolutioner, fordi den giver redskaber til at analysere det revolutionære subjekt, som Skocpol og andre ignorerede, men som revolutionsteori i dag har indset er af afgørende betydning for forståelsen af sociale revolutioner. ENGELSK ABSTRACT: Sune Haugbølle: The Other Revolution: The Arab Uprisings in Light of Arab Post-Marxism This article analyzes Arab Marxist intellectuals and their readings of the Arab uprisings since 2011. In addition, it introduces Arab post-Marxism, or social theory drawing often critically on the broad family of Marxist theory and traditions. The article draws on Alain Badiou’s concepts of situation, event and trace. In order to understand events such as the Arab uprisings, someone must be engaged in examining the trace critically. I argue that Arab post-Marxism represents a critical examination of Badiou’s trace referring back to undigested events in the past. The trace points to earlier Arab revolutions, to the participation of Arab Marxists in them, and to their earlier readings of the relation between state, society and intellectuals. In this way, their memory work constitutes political work seeking to clarify how the Arab uprisings were made possible and how they are different from earlier revolutionary moments. On a general level, this analysis shows that intellectual traditions of non-Western societies and the way they engage their past must be taken seriously in comparative studies of revolution. Post-Marxist theory is relevant for revolutions because it provides tools to analyze the revolutionary subject, which Skocpol and others have largely ignored, but which, as most theorists of revolution theory acknowledge, is crucial for our understanding of social and political revolutions. Keywords: revolution, Arab uprisings, post-Marxism, collective memory, Badiou.


2017 ◽  
Vol 18 (7) ◽  
pp. 1797-1822 ◽  
Author(s):  
Sara Iglesias Sánchez

This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.


2018 ◽  
Vol 25 (3) ◽  
pp. 357-373 ◽  
Author(s):  
Matteo Bonelli

In December 2017, the Court of Justice of the European Union delivered its awaited decision on the Taricco II case, responding to a preliminary reference from the Italian Corte Costituzionale. The latter, unhappy with the outcome of the earlier Taricco I decision, asked for a re-interpretation of Article 325 TFEU and threatened the Court of Justice with the possible activation of its controlimiti doctrine. The CJEU partially ‘corrected’ its previous ruling and prevented an open conflict between EU law and Italian constitutional law. This case note discusses the saga and its three episodes against the background of the growing constitutional conversation between top European courts. It argues that Taricco is a positive episode of judicial dialogue and may further contribute to its consolidation: on one hand, constitutional courts are increasingly willing to ‘play the game’ and refer to the CJEU under Article 267 TFEU; on the other, the Court of Justice seems more reactive than in the past to constitutional courts’ claims and now considers them with increasing attention and detail. Finally, the case note reflects on the partially diverging languages for constitutional dialogue: national courts use the language of constitutional identity, while the CJEU prefers to refer to the ‘common constitutional principles of the EU’.


2004 ◽  
Vol 2 (2) ◽  
pp. 198-221 ◽  
Author(s):  
Ala Al-Hamarneh

At least 50 per cent of the population of Jordan is of Palestinian origin. Some 20 per cent of the registered refugees live in ten internationally organized camps, and another 20 per cent in four locally organized camps and numerous informal camps. The camps organized by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) play a major role in keeping Palestinian identity alive. That identity reflects the refugees' rich cultural traditions, political activities, as well as their collective memory, and the distinct character of each camp. Over the past two decades integration of the refugees within Jordanian society has increased. This paper analyses the transformation of the identity of the camp dwellers, as well as their spatial integration in Jordan, and other historical and contemporary factors contributing to this transformation.


Author(s):  
VICTOR BURLACHUK

At the end of the twentieth century, questions of a secondary nature suddenly became topical: what do we remember and who owns the memory? Memory as one of the mental characteristics of an individual’s activity is complemented by the concept of collective memory, which requires a different method of analysis than the activity of a separate individual. In the 1970s, a situation arose that gave rise to the so-called "historical politics" or "memory politics." If philosophical studies of memory problems of the 30’s and 40’s of the twentieth century were focused mainly on the peculiarities of perception of the past in the individual and collective consciousness and did not go beyond scientific discussions, then half a century later the situation has changed dramatically. The problem of memory has found its political sound: historians and sociologists, politicians and representatives of the media have entered the discourse on memory. Modern society, including all social, ethnic and family groups, has undergone a profound change in the traditional attitude towards the past, which has been associated with changes in the structure of government. In connection with the discrediting of the Soviet Union, the rapid decline of the Communist Party and its ideology, there was a collapse of Marxism, which provided for a certain model of time and history. The end of the revolutionary idea, a powerful vector that indicated the direction of historical time into the future, inevitably led to a rapid change in perception of the past. Three models of the future, which, according to Pierre Nora, defined the face of the past (the future as a restoration of the past, the future as progress and the future as a revolution) that existed until recently, have now lost their relevance. Today, absolute uncertainty hangs over the future. The inability to predict the future poses certain challenges to the present. The end of any teleology of history imposes on the present a debt of memory. Features of the life of memory, the specifics of its state and functioning directly affect the state of identity, both personal and collective. Distortion of memory, its incorrect work, and its ideological manipulation can give rise to an identity crisis. The memorial phenomenon is a certain political resource in a situation of severe socio-political breaks and changes. In the conditions of the economic crisis and in the absence of a real and clear program for future development, the state often seeks to turn memory into the main element of national consolidation.


2012 ◽  
Vol 153 (43) ◽  
pp. 1692-1700
Author(s):  
Viktória Szűcs ◽  
Erzsébet Szabó ◽  
Diána Bánáti

Results of the food consumption surveys are utilized in many areas, such as for example risk assessment, cognition of consumer trends, health education and planning of prevention projects. Standardization of national consumption data for international comparison is an important task. The intention work began in the 1970s. Because of the widespread utilization of food consumption data, many international projects have been done with the aim of their harmonization. The present study shows data collection methods for groups of the food consumption data, their utilization, furthermore, the stations of the international harmonization works in details. The authors underline that for the application of the food consumption data on the international level, it is crucial to harmonize the surveys’ parameters (e.g. time of data collection, method, number of participants, number of the analysed days and the age groups). For this purpose the efforts of the EU menu project, started in 2012, are promising. Orv. Hetil., 2012, 153, 1692–1700.


Author(s):  
Andrew Valls

In regime transitions, a number of mechanisms are utilized to memorialize the past and to reject the ideas associated with human rights abused of the prior regime. This is often done through truth commissions, apologies, memorials, museums, changes in place names, national holidays, and other symbolic measures. In the United States, some efforts along these lines have been undertaken, but on the whole they have been very limited and inadequate. In addition, many symbols and memorials associated with the past, such as Confederate monuments and the Confederate Battle Flag, continue to be displayed. Hence while some progress has been made on these issues, much more needs to be done.


Author(s):  
Robert Schütze

Can the judicial creation of the EU internal market be justified? A famous—positive—answer has, in the past, been suggested by Miguel Maduro’s We the Court; and the first section explores the credentials of his ‘majoritarian activism’ thesis. The second section surveys alternative forms of legitimacy, such as ‘output legitimacy’ and ‘messianic legitimacy’, but it also offers a new Kantian approach to the legitimacy question.


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