Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)

In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian (...) death drive is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

The main purpose of this paper is to examine the concept of critique in Habermasian thought. Given that the concept of critique is a central theoretical category in the work of the Frankfurt School, it comes as a surprise that little in the way of a systematic account which sheds light on the multifaceted meanings of the concept of critique in Habermas's oeuvre can be found in the literature. This paper aims to fill this gap by exploring the various meanings (...) that Habermas attributes to the concept of critique in 10 key thematic areas of his writings: (1) the public sphere, (2) knowledge, (3) language, (4) morality, (5) ethics, (6) evolution, (7) legitimation, (8) democracy, (9) religion, and (10) modernity. On the basis of a detailed analysis of Habermas's multifaceted concerns with the nature and function of critique, the study seeks to demonstrate that the concept of critique can be considered not only as a constitutive element but also as a normative cornerstone of Habermasian thought. The paper draws to a close by reflecting on some of the limitations of Habermas's conception of critique, arguing that in order to be truly critical in the Habermasian sense we need to turn the subject of critique into an object of critique. (shrink)

In philosophy and political theory, the term paradox is often used synonymously with antinomy, contradiction and aporia. This article clarifies the meaning of these terms through tracing their respective etymology. We see that antinomy denotes a deep-seated conceptual opposition, whereas contradiction and aporia represent alternative responses to antinomy. The former presents the antinomy as potentially resolvable at some future time, and the latter sees the antinomy instead as a constitutive impasse. By way of contrast, para doxa originally referred to a (...) statement that is ‘contrary to received opinion’, but this idea has generally been subsumed – both in philosophy and more common place understandings – under the notion of aporia. This conceptual recovery enables a better understanding of key traditions in social and political theory, notably post-structuralism and Habermasian critical theory, which can be demarcated through their respective responses to the emergence of ‘paradoxes’. However, the article also demonstrates the material significance of these philosophical categories through their application to contemporary democratic politics. I analyse the constitutive tension between liberalism and democracy as well as the emergence of populism and show how these conceptual tools provide new insights for understanding these most pressing political developments of our time. (shrink)

This article examines two distinct ways in which anticolonial thinkers in early twentieth-century Korea reconstructed their nondemocratic tradition in an attempt to justify (rather than take for granted) the claim of self-determination. The exposure to modern education and ideas of democracy prompted these thinkers to critically engage their tradition in the struggle for self-determination. That said, they could not simply abandon the cultural foundation of their nation. Japanese colonial rule drew its legitimacy from not only an assimilation ideology that the (...) Japanese and Koreans shared the same ethnic origin but also a developmentalist conception of the colonized that they were premodern and incapable of self-rule. To reject imperial domination, Korean anticolonial thinkers needed to invent out of their country’s nondemocratic tradition (1) an unassimilable nation/people (2) capable of self-rule. Drawing upon the political writings of two early twentieth-century thinkers in colonial Korea, Yi Kwang-su (1892–1950) and Cho So-ang (1887–1958), I discover from their political thought two nuanced approaches to this project of inventing “the people” in the colonial world. I argue that while Yi succeeded in rebutting the colonial ideology of assimilation, he fell into the trap of developmentalism. I contend that Cho, on the contrary, sidestepped this trap with his revisionist reading of the Confucian past as a history of democratic transformation, thus providing an immediate alternative to imperial sovereignty. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...) of membership politics, I argue that this is often the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). (...) Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed. (shrink)

ABSTRACT:The profound influence of Thomas Donaldson and Thomas Dunfee’s integrative social contracts theory on the field of business ethics has been challenged by Andreas Scherer and Guido Palazzo’s Habermasian approach, which has achieved prominence of late with articles that expressly question the defensibility of ISCT’s hypernorms. This article builds on recent efforts by Donaldson and Scherer to bridge their accounts by providing discursive foundations to the hypernorms at the heart of the ISCT framework. Extending prior literature, we propose an ISCT* (...) framework designed to retain ISCT’s practical virtue of managerial guidance while answering the demands of Scherer and Palazzo’s discursive account. By subscribing to a suitable portfolio of discursively justified hypernorms, we argue, companies unlock the valuable moral guidance of ISCT*, which says to treat these hypernorms as unequivocal outer bounds to the pursuit of business and as a starting point to tailor local norms through discursive stakeholder engagement. (shrink)

The most popular conceptions of democratic legitimacy incur in serious difficulties in dealing consistently with two dimensions of democratic legitimacy which seem to be naturally associated with it: the procedural dimension, associated with the fairness of the decision making process; and the epistemic dimension, associated with the correction of the outputs. In this paper I argue that such tension arises from the adoption of a “veritistic-consequentialist” social epistemology; it is possible to deal with that tension by replacing this problematic epistemological (...) conception with a pragmatist procedural social epistemology, and c) such replacement leads institutional design to an experimentalist orientation. (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and...

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This essay argues that Hans-Georg Gadamer's philosophical hermeneutics, Jürgen Habermas's communication theory, and Jacques Derrida's deconstruction all fit together within one philosophical paradigm: metamodernism. Metamodernism, as defined, is opposed to both modernism and radical forms of postmodernism. Within metamodernism, a political conundrum provides the key clue for understanding the relations among Gadamer, Habermas, and Derrida as well as for elaborating the contours of the paradigm. Specifically, the political implications of the three philosophies are intransitive: they seem to shift around rather (...) than being in fixed relations to each other. So, for instance, Gadamer sometimes seems to the political right of both Habermas and Derrida, but then, at different times, he stands between them, and then again, at other times, he seems to be to the left of both. This political paradox suggests that the traditional political categories of liberalism and conservatism do not suitably reflect the critical positions within metamodernism. Gadamer, Habermas, and Derrida are far more concerned with explaining the possibility and techniques of interpretive and social critique, while remaining true to the metamodernist paradigm, rather than fitting themselves into the traditional liberal or conservative political camps. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance (...) as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee. (shrink)

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

Constellations, Volume 29, Issue 3, Page 375-392, September 2022.

This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it claims to represent, namely the people. As such, it expresses the fact (...) that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

In this study, the author investigates how the battered women’s movement has transformed the treatment of domestic violence in Salt Lake City’s specialized domestic violence court. Using Lisa Brush’s account of how the state promotes the dominance of men and the disadvantage of women, the author shows that Salt Lake City’s domestic violence court transforms both its governance of gender and its gender of governance, lending support to optimistic theories of the state. The author argues that this court is an (...) example of a state institution that has been transformed into a feminist regime committed to individual and social change. The author encourages feminist theorists to engage with the work of Jurgen Habermas to better conceptualize the potentially positive relations among the state, social movements, and social change. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...) current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.

This paper focuses on the question: Do persisting disagreements in constitutional interpretation affect the legitimacy of “the democratic system as a whole”? According to both Michelman and Waldron, the epistemic indeterminacy of interpretation—that is, the fact that principles do not possess stable meanings beyond, and independent of, their application to concrete cases—puts its finger on a point of the contractualist and prevailing political theory. But, if neither the legitimacy of any democratic order nor the standard of internal criticism can be (...) founded on a broad background consensus on constitutional essentials, “what else makes a deliberative process of legislation and adjudication a generator of legitimacy so that citizens are induced to accept controversial results as ‘worthy of respect’?” The route pursued goes beyond all views that require legitimacy to be based on sharing a set of “thick” ethical beliefs. In this perspective, the author argues that the performative meaning of constitution‐making “provides a thin yet sufficiently strong base,” which corresponds to the minimal requirements inherent in the very practice of framing a constitution. (shrink)

For more than a decade now a profound rule-of-law crisis has gripped the European Union, and while the fight for the rule of law has topped not only the academic but also the judicial and political agenda, the results have been disappointingly meagre. This article argues that the main reason for that should be sought in a political strategic move of justifying the assaults on the rule of law by resorting to an “illiberal democracy.” This premeditated political narrative shift has (...) unleashed onto the political sphere and onto public discourse at large comprehensive doctrines which had hitherto been left dormant thanks to an overlapping consensus on the rule of law as a central building block of the political conception of justice à la Rawls. Once this overlapping consensus was broken, the rule of law itself lost its neutral character as a referee on the right among the many conceptions of the good, itself becoming part of the highly politicized power play for dominance among irreconcilable—liberal and illiberal—comprehensive doctrines. The overlapping consensus in the EU is thus broken, but there are no conceptual reasons inherent to the rule of law itself for which it could not be rebuilt in the future. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

The main purpose of this article is to provide an in-depth review of Andrew Feenberg’s Technosystem: The Social Life of Reason. To this end, the anal...

Political action is unpredictable because it unfolds among a plurality of independent actors. This unpredictability generates a fundamental puzzle: If an actor cannot know where her initiative will lead, what motivates and guides her in her doings? The aim of this paper is to develop and defend the solution to the puzzle that we can find in the thought of Hannah Arendt, namely the idea that political action is – or should be – motivated and guided by principles, principles like (...) justice, equality, or honour. Such principles must be distinguished from goals because they do not designate a specific state of affairs, but are general ideas that allow for diverse implementations. I show that this distinction is of great practical importance for the actors involved, since their outlook and their attitude towards others will differ depending on whether they see their activity as aimed at a goal or as guided by a principle. (shrink)

What today divides analytical from Continental philosophy? This paper argues that the present divide is not what it once was. Today, the divide concerns the styles in which philosophers deal with intellectual problems: solving them, pressing them, resolving them, or dissolving them. Using ‘the boundary problem’, or ‘the democratic paradox’, as an example, we argue for two theses. First, the difference between most analytical and most Continental philosophers today is that Continental philosophers find intelligible two styles of dealing with problems (...) that most analytical philosophers find unintelligible: pressing them and resolving them. Second, when it comes to a genuine divide in which not understanding the other side’s basic philosophical purposes combines with disagreement on fundamental questions of doctrine, the only such divide today is that between those analytical philosophers who tend to solve problems and those Continental philosophers who tend to press problems. It is among these subgroups that there is a real philosophical divide today. So the analytical–Continental divide is more a matter of style than of substance; but as we try to show, differences in style shape differences over substance. (shrink)

Using the example of contemporary Islamic fundamentalism, and especially the writings of Sayyid Qutb, this article raises questions about discourse ethics as a mode of conflict resolution. It appears that discourse ethics is only relevant when all parties have already agreed to settle disputes deliberatively and already share the notions of rational deliberation and individual autonomy. This raises questions not only about the capability of discourse ethics to incorporate a deep plurality of worldviews, but also about its capability to successfully (...) solve disputes. When confronting situations where the willingness to deliberate is absent, discourse ethics is left standing empty handed. This, I argue, is due to both the conceptual distinction between communicative action and strategic action, as well as the abstracted nature of Habermas's discourse ethics. (shrink)

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

While the Catalan independence movement (henceforth, CIM) has received much academic attention, one key aspect remains theoretically and empirically understudied: what role did populism play in the...

The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...) i.e. a form of political morality that is pursued by the EU as a polity over time and aims at its own survival. Security and rights discourses have contributed to constructing two ideas of ‘people-as-constituent-power’. The first idea is that of ‘mobile people’, i.e. people exercising EU free movement rights. The second idea is that of ‘peoples’ in the plural, conceived as States and citizens at the same time. Nevertheless, these discourses are characterised by a certain degree of ambiguity and have been unrolling as if the development of the EU polity was a mere technical, neutral matter. This state of affairs cannot continue: the European project has always been a political project, and, as integration reaches its more advanced stages, the time has come to disclose its political nature and address conflict openly. (shrink)