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Conservative Innovators: How States Are Challenging Federal Power
by Ben MerrimanAs American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
Conservative Reformers: The Freshman Republicans in the 104th Congress
by Nicol C. RaeNicol Rae's engaging account of the Republican revolutionaries' freshman year in Congress persuasively demonstrates that the precepts set forth by Madison in Federalist 10 and 51 are still in force in our remarkably stable political system. The 73 Republican freshmen who entered the House of Representatives after the 1994 election were a well-organized group with majority status and a commitment to change. This book examines the extent to which they were successful in redirecting policy and reforming the institutions of representative government -- and the extent to which those same institutions moderated, and even frustrated, efforts to introduce radical, rapid -- indeed revolutionary -- change. Contrasts are drawn both with the role of the Republican freshmen in the Senate and with the power of the President as manifested in the 1995-96 budget battle. The book is based on interviews conducted by the author when he was an APSA Congressional Fellow in the offices of Rep. George P. Radanovich, president of the freshman Republican class, and Sen. Thad Cochran, chairman of the Senate Republican Conference.
Conservative Reformers: The Freshman Republicans in the 104th Congress
by Nicol C. RaeNicol Rae's engaging account of the Republican revolutionaries' freshman year in Congress persuasively demonstrates that the precepts set forth by Madison in Federalist 10 and 51 are still in force in our remarkably stable political system. The 73 Republican freshmen who entered the House of Representatives after the 1994 election were a well-organized group with majority status and a commitment to change. This book examines the extent to which they were successful in redirecting policy and reforming the institutions of representative government -- and the extent to which those same institutions moderated, and even frustrated, efforts to introduce radical, rapid -- indeed revolutionary -- change. Contrasts are drawn both with the role of the Republican freshmen in the Senate and with the power of the President as manifested in the 1995-96 budget battle. The book is based on interviews conducted by the author when he was an APSA Congressional Fellow in the offices of Rep. George P. Radanovich, president of the freshman Republican class, and Sen. Thad Cochran, chairman of the Senate Republican Conference.
Conservative Thought and American Constitutionalism since the New Deal
by Johnathan O'NeillAn intellectual history of American conservativism since the New Deal.The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century.O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
Conservative Thought and American Constitutionalism since the New Deal
by Johnathan O'NeillAn intellectual history of American conservativism since the New Deal.The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century.O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
Conserving Data in the Conservation Reserve: How A Regulatory Program Runs on Imperfect Information
by James HamiltonEnrolling over 30 million acres, the U.S. Conservation Reserve Program (CRP) is the largest conservation program in the United States. Under the guidelines of the CRP, the federal government pays farmers to stop farming their land in the hopes of achieving a variety of conservation goals, including the reduction of soil erosion, improvement of water quality, and creation of wildlife habitat. In Conserving Data, James T. Hamilton explores the role of information in the policy cycle as it relates to the CRP. The author asks how the creation and distribution of information about what is going on across these millions of enrolled acres has influenced the development of the program itself. Of the many CRP stakeholders, each accesses a different set of information about the CRP?s operations. Regulators have developed the Environmental Benefits Index as a rough indicator of a field?s conservation benefits and adopted that measure as a way to determine which lands should be granted conservation contracts. NGOs have used publicly available data from these contracts to show how CRP monies are allocated. Members of Congress have used oversight hearings and GAO reports to monitor the Farm Service Agency?s conservation policy decisions. Reporters have localized the impact of the CRP by writing stories about increases in wildlife and hunting on CRP fields in their areas. Conserving Data brings together and analyzes these various streams of information, drawing upon original interviews with regulators, new data from Freedom of Information Act requests, and regulatory filings. Using the CRP as a launch point, Hamilton explores the role of information, including 'hidden information,' in the design and implementation of regulatory policy.
Conserving Data in the Conservation Reserve: How A Regulatory Program Runs on Imperfect Information
by James HamiltonEnrolling over 30 million acres, the U.S. Conservation Reserve Program (CRP) is the largest conservation program in the United States. Under the guidelines of the CRP, the federal government pays farmers to stop farming their land in the hopes of achieving a variety of conservation goals, including the reduction of soil erosion, improvement of water quality, and creation of wildlife habitat. In Conserving Data, James T. Hamilton explores the role of information in the policy cycle as it relates to the CRP. The author asks how the creation and distribution of information about what is going on across these millions of enrolled acres has influenced the development of the program itself. Of the many CRP stakeholders, each accesses a different set of information about the CRP?s operations. Regulators have developed the Environmental Benefits Index as a rough indicator of a field?s conservation benefits and adopted that measure as a way to determine which lands should be granted conservation contracts. NGOs have used publicly available data from these contracts to show how CRP monies are allocated. Members of Congress have used oversight hearings and GAO reports to monitor the Farm Service Agency?s conservation policy decisions. Reporters have localized the impact of the CRP by writing stories about increases in wildlife and hunting on CRP fields in their areas. Conserving Data brings together and analyzes these various streams of information, drawing upon original interviews with regulators, new data from Freedom of Information Act requests, and regulatory filings. Using the CRP as a launch point, Hamilton explores the role of information, including 'hidden information,' in the design and implementation of regulatory policy.
Conserving Europe's Wildlife: Law and Policy of the Natura 2000 Network of Protected Areas (Routledge Research in International Environmental Law)
by Andrew L.R. JacksonThe Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU’s entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe’s most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.
Conserving Europe's Wildlife: Law and Policy of the Natura 2000 Network of Protected Areas (Routledge Research in International Environmental Law)
by Andrew L.R. JacksonThe Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU’s entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe’s most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.
Conserving Humanity at the Dawn of Posthuman Technology
by Joseph R. Carvalko Jr.This volume examines the latest scientific and technological developments likely to shape our post-human future. Using a multidisciplinary approach, the author argues that we stand at the precipice of an evolutionary change caused by genetic engineering and anatomically embedded digital and informational technologies. The author delves into current scientific initiatives that will lead to the emergence of super smart individuals with unique creative capacities. He draws on technology, psychology and philosophy to consider humans-as-they-are relative to autonomy, creativity, and their place in a future shared with ‘post humans.’ The author discusses the current state of bioethics and technology law, both which policymakers, beset by a torrent of revolutionary advances in bioengineering, are attempting to steer. Significantly, Carvalko addresses why we must both preserve the narratives that brought us to this moment and continue to express our humanity through, music, art, and literature, to ensure that, as a uniquely creative species, we don’t simply vanish in the ether of an evolution brought about by our own technology.
Considering Religions, Rights and Bioethics: Memorial Volume For Max Charlesworth (Sophia Studies in Cross-cultural Philosophy of Traditions and Cultures #30)
by Peter Wong Sherah Bloor Patrick Hutchings Purushottama BilimoriaThis volume engages in conversation with the thinking and work of Max Charlesworth as well as the many questions, tasks and challenges in academic and public life that he posed. It addresses philosophical, religious and cultural issues, ranging from bioethics to Australian Songlines, and from consultation in a liberal society to intentionality. The volume honours Max Charlesworth, a renowned and celebrated Australian public intellectual, who founded the journal Sophia, and trained a number of the present heirs to both Sophia and academic disciplines as they were further developed and enhanced in Australia: Indigenous Australian studies, philosophy of religion, the study of the tension between tradition and modernity, phenomenology and existentialism, hermeneutics, feminist philosophy, and philosophy of science that is responsive to environmental issues.
The Consistent Application of EU Competition Law: Substantive and Procedural Challenges (Studies in European Economic Law and Regulation #9)
by Adriana Almășan Peter WhelanIn recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
The Consolation of Philosophy: Revised Edition
by Ancius BoethiusBoethius was an eminent public figure under the Gothic emperor Theodoric, and an exceptional Greek scholar. When he became involved in a conspiracy and was imprisoned in Pavia, it was to the Greek philosophers that he turned. THE CONSOLATION was written in the period leading up to his brutal execution. It is a dialogue of alternating prose and verse between the ailing prisoner and his 'nurse' Philosophy. Her instruction on the nature of fortune and happiness, good and evil, fate and free will, restore his health and bring him to enlightenment. THE CONSOLATION was extremely popular throughout medieval Europe and his ideas were influential on the thought of Chaucer and Dante.
The Consolation of Philosophy
by Anicius Manlius BoethiusIn this highly praised new translation of Boethius’s The Consolation of Philosophy, David R. Slavitt presents a graceful, accessible, and modern version for both longtime admirers of one of the great masterpieces of philosophical literature and those encountering it for the first time. Slavitt preserves the distinction between the alternating verse and prose sections in the Latin original, allowing us to appreciate the Menippian parallels between the discourses of literary and logical inquiry. His prose translations are lively and colloquial, conveying the argumentative, occasionally bantering tone of the original, while his verse translations restore the beauty and power of Boethius’s poetry. The result is a major contribution to the art of translation. Those less familiar with Consolation may remember it was written under a death sentence. Boethius (c. 480–524), an Imperial official under Theodoric, Ostrogoth ruler of Rome, found himself, in a time of political paranoia, denounced, arrested, and then executed two years later without a trial. Composed while its author was imprisoned, cut off from family and friends, it remains one of Western literature’s most eloquent meditations on the transitory nature of earthly belongings, and the superiority of things of the mind. In an artful combination of verse and prose, Slavitt captures the energy and passion of the original. And in an introduction intended for the general reader, Seth Lerer places Boethius’s life and achievement in context.
Conspiracy: The Greatest Plots, Collusions and Cover-Ups
by Charlotte Greig Mike RothschildWho killed JFK? What happened to Malaysian Airways plane MH370, the flight 'that disappeared'? Who poisoned ex-KGB man Alexander Litvinenko with radioactive polonium? How did the body of GCHQ codebreaker Gareth Williams end up in a sports bag? What really happened to Jeffrey Epstein?Featuring government cover-ups, secret societies, unsolved mysteries and brazen experiments, Conspiracy explores the range of conspiracy theories from the most outlandish to the most plausible, and gets to the bottom of what really happened. Whether discussing strange goings on at CERN or the meetings of the Bilderberg Group, authors Charlotte Greig and Mike Rothschild examine the facts with a clear and critical eye and tell you what it is we really need to worry about.
A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case
by R. Barnett J. Adler D. Bernstein O. Kerr D. Kopel I. SominThe Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.
Conspiracy Theories: A Critical Introduction
by J. ByfordThrough a series of specific questions that cut to the core of conspiracism as a global social and cultural phenomenon this book deconstructs the logic and rhetoric of conspiracy theories and analyses the broader social and psychological factors that contribute to their persistence in modern society.
The Conspiracy Trial of the Chicago Seven
by John SchultzIn 1969, the Chicago Seven were charged with intent to "incite, organize, promote, and encourage" antiwar riots during the chaotic 1968 Democratic National Convention in Chicago. The defendants included major figures of the antiwar and racial justice movements: Abbie Hoffman and Jerry Rubin, the madcap founders of the Yippies; Tom Hayden and Rennie Davis, founders of Students for a Democratic Society and longtime antiwar organizers; David Dellinger, a pacifist and chair of the National Mobilization Committee to End the War in Vietnam; and Bobby Seale, co-founder of the Black Panther Party, who would be bound and gagged in the courtroom before his case was severed from the rest. The Conspiracy Trial of the Chicago Seven is an electrifying account of the months-long trial that commanded the attention of a divided nation. John Schultz, on assignment for The Evergreen Review, witnessed the whole trial of the Chicago Seven, from the jury selection to the aftermath of the verdict. In his vivid account, Schultz exposes the raw emotions, surreal testimony, and judicial prejudice that came to define one of the most significant legal events in American history. In October 2020, Aaron Sorkin's film, The Trial of the Chicago Seven, will bring this iconic trial to the screen.
The Conspiracy Trial of the Chicago Seven
by John SchultzIn 1969, the Chicago Seven were charged with intent to "incite, organize, promote, and encourage" antiwar riots during the chaotic 1968 Democratic National Convention in Chicago. The defendants included major figures of the antiwar and racial justice movements: Abbie Hoffman and Jerry Rubin, the madcap founders of the Yippies; Tom Hayden and Rennie Davis, founders of Students for a Democratic Society and longtime antiwar organizers; David Dellinger, a pacifist and chair of the National Mobilization Committee to End the War in Vietnam; and Bobby Seale, co-founder of the Black Panther Party, who would be bound and gagged in the courtroom before his case was severed from the rest. The Conspiracy Trial of the Chicago Seven is an electrifying account of the months-long trial that commanded the attention of a divided nation. John Schultz, on assignment for The Evergreen Review, witnessed the whole trial of the Chicago Seven, from the jury selection to the aftermath of the verdict. In his vivid account, Schultz exposes the raw emotions, surreal testimony, and judicial prejudice that came to define one of the most significant legal events in American history. In October 2020, Aaron Sorkin's film, The Trial of the Chicago Seven, will bring this iconic trial to the screen.
Constituent Interests and U.S. Trade Policies: Constituent Interests And U.s. Trade Policies: The Sweetland Conference (Studies In International Economics)
by Alan Verne Deardorff Robert Mitchell SternThe contributors to this volume, economists and political scientists from academic institutions, the private sector, and the Ways and Means Committee of the U.S. House of Representatives, came together to discuss an important topic in the formation of U.S. international trade policy: the representation of constituent interests. In the resulting volume they address the objectives of groups who participate in the policy process and examine how each group's interests are identified and promoted. They look at what means are used for these purposes, and the extent to which the groups' objectives and behavior conform to how the political economy of trade policy is treated in the economic and political science literature. Further, they discuss how effective each group has been. Each of the book's five parts offers a coherent view of important components of the topic. Part I provides an overview of the normative and political economy approaches to the modeling of trade policies. Part 2 discusses the context of U.S. trade policies. Part 3 deals with the role of sectoral producing interests, including the relationship of trade policy to auto, steel, textile, semiconductor, aircraft, and financial services. Part 4 examines other constituent interests, including the environment, human rights, and the media. Part 5 provides commentary on such issues as the challenges that trade policy poses for the new administration and the 105th Congress. The volume ultimately offers important and more finely articulated questions on how trade policy is formed and implemented. Contributors are Robert E. Baldwin, Jagdish Bhagwati, Douglas A. Brook, Richard O. Cunningham, Jay Culbert, Alan V. Deardorff, I. M. Destler, Daniel Esty, Geza Feketekuty, Harry Freeman, John D. Greenwald, Gene Grossman, Richard L. Hall, Jutta Hennig, John H. Jackson, James A. Levinsohn, Mustafa Mohatarem, Robert Pahre, Richard C. Porter, Gary R. Saxonhouse, Robert E. Scott, T. N. Srinivasan, Robert M. Stern, Joe Stroud, John Sweetland, Raymond Waldmann, Marina v.N. Whitman, and Bruce Wilson. Alan V. Deardorff and Robert M. Stern are Professors of Economics and Public Policy, University of Michigan.
Constituent Power and the Law (Oxford Constitutional Theory)
by Joel Colón-RíosConstituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Constituent Power and the Law (Oxford Constitutional Theory)
by Joel Colón-RíosConstituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Constituent Power Beyond the State: Democratic Agency in Polycentric Polities
by Geneviève NootensThe concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
Constituent Power Beyond the State: Democratic Agency in Polycentric Polities
by Geneviève NootensThe concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
Constituent Power in the European Union (Oxford Constitutional Theory)
by Markus PatbergThe euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline is preoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized to the question of who is entitled to make that decision and how. To that end, it reformulates the classical notion of constituent power for the context of European integration. This account challenges conventional theoretical assumptions regarding the EU's ultimate source of legitimacy and enables political theory to put to the test the claims of those who challenge the established mode of EU constitutional politics.