USTAVNI IDENTITET I VIDOVDANSKI USTAV

2021 ◽  
Author(s):  
Vladan Petrov ◽  
Keyword(s):  
State Sovereignty ◽  
Political Crisis ◽  
The Core ◽  
Liberal Democratic ◽  
National Question ◽  
Insurmountable Obstacle ◽  
Constitutional Identity

With this paper the author completes his analysis of the reference historical constitutions and its influence on the constitutional identity of modern Serbia. Reffering to the effects of constitutional identity "outside" (preservation of state sovereignty) and "inside" (the "core" of the constitution), the author analyzes the functional failures and substantive controversies of the Vidovdan Constitution. Inconsistent normative solutions of this constitution, a deep socio-political crisis and an unresolved national question in the newly created state were an insurmountable obstacle to building the national constitutional identity. However, the symbolism of the date of adoption of the Constitution and the fact that, at least formally, it was the last classical constitution of the liberal-democratic type until the 1990s and the entry into force of the 1990 Serbian Constitution, make the Vidovdan Constitution a reference text for studying the constitutional identity of modern Serbia.

Multiculturalism

2018 ◽  
Author(s):  
Nasar Meer
Keyword(s):  
National Identity ◽  
Race Relations ◽  
National Identities ◽  
Policy Debate ◽  
Prominent Feature ◽  
Religious Minorities ◽  
The Core ◽  
National Question ◽  
Multicultural Citizenship ◽  
Future Status

The purpose of this chapter is to locate the discussion about Muslims in Scotland in relation to questions of national identity and multicultural citizenship. While the former has certainly been a prominent feature of public and policy debate, the latter has largely been overshadowed by constitutional questions raised by devolution and the referenda on independence. This means that, while we have undoubtedly progressed since MacEwen (1980) characterised the treatment of ‘race-relations’ in Scotland as a matter either of ‘ignorance or apathy’, the issue of where ethnic, racial and religious minorities rest in the contemporary landscape remains unsettled. One of the core arguments of this chapter is that these issues are all interrelated, and that the present and future status of Muslims in Scotland is tied up with wider debates about the ‘national question’. Hitherto, however, study of national identity in Scotland has often (though not always) been discussed in relation to the national identities of England, Wales and Britain as a whole.

Legitimating Global Governance in a Post-National World

2019 ◽  
pp. 232-266
Author(s):  
Klaus Dingwerth
Keyword(s):  
Case Studies ◽  
Global Governance ◽  
International Organizations ◽  
State Sovereignty ◽  
The Core ◽  
Norms And Values ◽  
International Authority ◽  
Normative Change

The chapter summarizes and reflects upon the core findings of our study. Compared to the 1970s and 1980s, how have the norms and values that underpin the justification, appraisal, and critique of international organizations shifted in the post-1990 world? The chapter argues that legitimacy standards of the national constellation are increasingly complemented by the legitimacy standards of the ‘post-national constellation’. While the legitimacy standards of the national constellation emphasize state sovereignty, functional cooperation, and non-coerciveness, the legitimacy standards of the post-national constellation conceptualize individuals as rights holders and are guided by a cosmopolitan ideal of inclusive global governance. More specifically, the case studies reveal a rise of people-based legitimation norms and a rise of procedural legitimacy standards. As the study shows, the politicization of expanded international authority is one important source of normative change. Other sources include the rise of new legitimation constituencies and self-reinforcing dynamics of normative change.

Defending Administrative Law

2021 ◽  
pp. 247-262
Author(s):  
Paul Daly
Keyword(s):  
Future Development ◽  
Judicial Review ◽  
Administrative Law ◽  
Moral Foundations ◽  
Administrative Action ◽  
The Core ◽  
Liberal Democratic ◽  
Interpretive Analysis ◽  
System P ◽  
Democratic System

This concluding chapter has two objectives. First, to demonstrate the robustness of the interpretation of contemporary administrative law presented in the preceding chapters, underscoring how useful this interpretive analysis is to understanding the law of judicial review of administrative action and guiding its future development. Second, the chapter defends the legitimacy of the core features of judicial review of administrative action, as these have been developed over the years by judges. In achieving these two objectives, the chapter relies on the criteria for testing the robustness of legal theories set out by Professor Stephen Smith in Contract Theory: fit, transparency, coherence and morality. The interpretation of contemporary administrative law described in this book fits the decided cases, it is reasonably transparent, it is coherent and it rests on recognisably moral foundations. In short, to conclude, contemporary administrative law facilitates the flourishing of individuals, of public administration and of the liberal democratic system.

Electoral Reform and the Costs of Personal Support in Japan

2006 ◽  
Vol 6 (2) ◽  
pp. 233-258 ◽  
Author(s):  
Matthew M. Carlson
Keyword(s):  
Democratic Party ◽  
Campaign Finance ◽  
Liberal Democratic Party ◽  
Electoral Rules ◽  
Political Actors ◽  
Personal Support ◽  
The Core ◽  
Liberal Democratic ◽  
Support Organizations ◽  
Rule Change

How does the choice of electoral rules affect politicians' incentives to campaign on the basis of personalized support? This article examines to what extent the adoption of new electoral and campaign finance rules affects the incentive of politicians in Japan's Liberal Democratic Party to rely on personal support organizations calledkoenkai.The core of the analysis utilizes newly collected campaign finance data. The empirical analyses confirm a considerable weakening in the number of koenkai across systems as well as a decreased need for politicians to spend money in the proportional representation tier. These results highlight the importance of previous organizational legacies as well as the efforts of political actors to mitigate the effects of rule change on their election and reelection prospects.

scholarly journals State Sovereignty, Associational Interests, and Collective Religious Liberty

2019 ◽  
Vol 1 (1) ◽  
pp. 114-127 ◽  
Author(s):  
Paul Billingham
Keyword(s):  
Religious Liberty ◽  
State Sovereignty ◽  
Liberal Democratic ◽  
Religious Associations ◽  
Democratic Societies

Abstract In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence interests’.

Introduction

2018 ◽  
Author(s):  
Christie Hartley
Keyword(s):  
Political Liberalism ◽  
The Core ◽  
Liberal Democratic ◽  
Marginalized Groups ◽  
Substantive Equality ◽  
Special Concern ◽  
Formal Equality ◽  
Democratic Societies

The introduction acknowledges that although liberalism promises equality for all citizens, liberal democratic societies fall short of this ideal in many ways. Of special concern is the inequality that members of socially subordinated groups endure despite the guarantee of formal equality. Liberal theorists have not yet adequately shown that liberalism can address such group based subordination and can secure substantive equality for all. The introduction explains that the aim of this book is to show that at least one version of liberalism—political liberalism—is a feminist liberalism and that the core commitments of this view restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. An overview of each chapter is provided.

Popular Sovereignty versus State Sovereignty: Haiti, Popular Equality and the Birth of the Neocolonial State

2021 ◽  
pp. 002190962110558
Author(s):  
Michael Neocosmos
Keyword(s):  
Nineteenth Century ◽  
Global South ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
Political Actors ◽  
The Core ◽  
Saint Domingue ◽  
The People ◽  
History Of ◽  
Core Characteristics

Through a review of the two works below, I discuss how the Saint Domingue/Haiti Revolutions clarify the history of the opposition between popular sovereignty and state sovereignty. The people and the state developed as distinct political actors throughout the nineteenth century in particular. The former constructed a completely new society founded on egalitarian norms influenced by African cultures. The latter failed to establish its sovereignty and reverted to a colonial form, thus illustrating the core characteristics of the neocolonial state now widespread in the Global South in general and in Africa in particular.

8. Cop cultures

2019 ◽  
pp. 164-184
Author(s):  
Benjamin Bowling ◽  
Robert Reiner ◽  
James Sheptycki
Keyword(s):  
Police Officers ◽  
World View ◽  
Empirical Studies ◽  
Structural Features ◽  
Police Culture ◽  
Cultural Perspectives ◽  
The Core ◽  
Liberal Democratic ◽  
The World ◽  
Core Characteristics

This chapter critically examines the concept of cop culture, that is, the world view and perspectives of police officers. It considers the core characteristics of police culture portrayed in empirical studies at many different places and times, relating them to the danger and authority associated with the police role. It then discusses the themes of mission, hedonistic love of action, and pessimistic cynicism that characterize policework and how they relate to other facets of cop culture such as suspicion, isolation/solidarity, and conservatism. Finally, it analyses variations in cop culture and in organizational culture. The fundamental argument is that the structural features of the police role in liberal democratic societies generate tensions and the cultural perspectives that enable police to cope with them, although these have negative features reflecting the fundamental patterns of social injustice and inequality.

Sideways at the entrance of the cave: A pluralist footnote to Plato

2019 ◽  
Vol 45 (4) ◽  
pp. 390-402
Author(s):  
Alessandro Ferrara
Keyword(s):  
Political Liberalism ◽  
The Core ◽  
Special Version ◽  
Reasonable Pluralism ◽  
Liberal Democratic ◽  
Democratic Polity

The idea of a ‘true’ account of pluralism is ultimately contradictory. Liberal political philosophers often fell prey to a special version of this fallacy by presupposing that there might be only one correct argument for justifying the acceptance of pluralism as the core of a liberal democratic polity. Avoiding this trap, Rawls’s ‘political liberalism’ has offered a more sophisticated view of reasonable pluralism as linked with the ‘burdens of judgement’. His philosophical agenda, however, left some questions underexplored: What is the relation of pluralism to relativism? How can a conception of pluralism (epistemic, moral and political) avoid being either one view among others with no special claim to truth, or a foundationalist claim? If pluralism is a fact, in what sense can it bind us? These questions – crucial for grasping the distinctiveness of ‘political’ liberalism – are addressed by revisiting Plato’s simile of the cave, in order to make it accommodate the groundbreaking Rawlsian notion of the ‘reasonable’.

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