Language, Democracy, and the Paradox of Constituent Power

Language, Democracy, and the Paradox of Constituent Power
Author: Catherine Frost
Publisher: Routledge
Total Pages: 134
Release: 2021-04-19
Genre: Political Science
ISBN: 0429884737

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

Constituent Power

Constituent Power
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2020-08-18
Genre: Law
ISBN: 147445500X

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Constituent Moments

Constituent Moments
Author: Jason Frank
Publisher: Duke University Press
Total Pages: 362
Release: 2010-01-04
Genre: Political Science
ISBN: 0822391686

Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Paradox of Constitutionalism

The Paradox of Constitutionalism
Author: Martin Loughlin
Publisher:
Total Pages: 375
Release: 2007
Genre: Constituent power
ISBN:

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Adventures of the Constituent Power

The Adventures of the Constituent Power
Author: Andrew Arato
Publisher: Cambridge University Press
Total Pages: 483
Release: 2017-11-30
Genre: Law
ISBN: 1107126797

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

The Oxford Handbook of Populism

The Oxford Handbook of Populism
Author: Cristóbal Rovira Kaltwasser
Publisher: Oxford University Press
Total Pages: 737
Release: 2017
Genre: Political Science
ISBN: 0198803567

The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.

Sovereignty in Action

Sovereignty in Action
Author: Bas Leijssenaar
Publisher: Cambridge University Press
Total Pages: 247
Release: 2019-07-18
Genre: History
ISBN: 1108483518

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Empire of the People

Empire of the People
Author: Adam Dahl
Publisher: University Press of Kansas
Total Pages: 272
Release: 2018-04-15
Genre: Political Science
ISBN: 0700626077

American democracy owes its origins to the colonial settlement of North America by Europeans. Since the birth of the republic, observers such as Alexis de Tocqueville and J. Hector St. John de Crèvecœur have emphasized how American democratic identity arose out of the distinct pattern by which English settlers colonized the New World. Empire of the People explores a new way of understanding this process—and in doing so, offers a fundamental reinterpretation of modern democratic thought in the Americas. In Empire of the People, Adam Dahl examines the ideological development of American democratic thought in the context of settler colonialism, a distinct form of colonialism aimed at the appropriation of Native land rather than the exploitation of Native labor. By placing the development of American political thought and culture in the context of nineteenth-century settler expansion, his work reveals how practices and ideologies of Indigenous dispossession have laid the cultural and social foundations of American democracy, and in doing so profoundly shaped key concepts in modern democratic theory such as consent, social equality, popular sovereignty, and federalism. To uphold its legitimacy, Dahl also argues, settler political thought must disavow the origins of democracy in colonial dispossession—and in turn erase the political and historical presence of native peoples. Empire of the People traces this thread through the conceptual and theoretical architecture of American democratic politics—in the works of thinkers such as Thomas Jefferson, Thomas Paine, Alexis de Tocqueville, John O’Sullivan, Ralph Waldo Emerson, Daniel Webster, Abraham Lincoln, Walt Whitman, and William Apess. In its focus on the disavowal of Native dispossession in democratic thought, the book provides a new perspective on the problematic relationship between race and democracy—and a different and more nuanced interpretation of the role of settler colonialism in the foundations of democratic culture and society.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 284
Release: 2016-03-09
Genre: Law
ISBN: 1317052080

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.