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  1. Constitutional theory in times of crisis.Nenad Dimitrijevic - 2016 - Philosophy and Social Criticism 42 (3):227-245.
    The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. The critical (...)
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  • Reconciling positivism and realism: Kelsen and Habermas on democracy and human rights.David Ingram - 2014 - Philosophy and Social Criticism 40 (3):237-267.
    It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...)
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  • Towards a discourse-theoretical account of authority and obligation in the postnational constellation.Jonathan Trejo-Mathys - 2012 - Philosophy and Social Criticism 38 (6):537-567.
    Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...)
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