Efforts to ‘green’ civic republican thought link environmentalist with democratic ends. Such efforts cast both as contributions to virtuous world-making that contests ‘actually existing unsustainability’ and, so, seeks to realize freedom as nondomination. In the context of the erosion of both democratic and environmentalist achievements since the 1970s, however, a focus on contestation’s other side, the ‘world-unmaking’ virtue of obstruction, is warranted. ‘Democratic’ interpreters of Niccolò Machiavelli’s work urge such an understanding of political virtue, which they ground not in equal (...) freedom as nondomination but in civic liberty. Civic liberty is realized when all are able (1.) to participate in formulating rules and (2.) to defend procedures sufficient to subject all to constraint by so-formulated rules. Civic liberty therefore requires mobilization of majorities’ latent capacity to (re.1.) contest ‘public’ government decisions and (re. 2.) obstruct elites’ ‘private’ capacity to act with impunity in relation to such rules. This concept offers two insights into the current ‘crises’ of democracy and the environment. First, if, as empirical observers suggest, a significant cohort of elites have ‘seceded’ from electoral democracies, the normative concept ‘civic liberty’ unsettles contestatory presumptions about the deliberative character of contemporary politics. Second, if it is also true that a significant cohort of the poor are ‘seceding’ from mainstream politics out of frustration with the inegalitarian consequences of elite malfeasance, then the emphasis the concept places on the politics of majoritarian veto-power aimed at reining-in elite impunity might be useful to those who hope to make anti-democratic populists less attractive to at least some of this cohort. (shrink)

Recently, some scholars have sought to cast Marx and other socialists as participants in the republican tradition, expanding ideas such as non-domination and self-rule beyond what they had been typically conceived of as by many of the instigators of the revival of republican thought in recent decades. The ramifications of such an expansion, however, have not yet been fully grappled with in the area of rights. This article aims to remedy this by building a theory of social republican rights by (...) drawing on both prongs of this framework. I argue that (1) rights ought to function primarily as instruments to overcome domination and that Marxist and socialist analysis identifies novel forms of domination missed by other republicans, (2) certain liberal rights are themselves vectors of domination, (3) rights are realised through active will formation in politics and the public sphere rather than being pre-political claims against these things, (4) rights should be based on a social ontology that is relational rather than individualist and (5) rights are powers that are struggled for and operate as zones of contestation rather than trans-historical principles. (shrink)

The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)