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On the Essence and Value of Democracy

In Arthur Jacobson & Bernhard Schlink (eds.), Weimar: A Jurisprudence of Crisis. University of California Press (2000)

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De-presentation rights as a response to extremism.Anthoula Malkopoulou - 2016 - Critical Review of International Social and Political Philosophy 19 (3):301-319.details Due to the persistent rise of extremism, democrats in recent years have been exploring old and new possibilities of democratic self-defence. This article explores an unconventional and little known alternative to militant democracy that places the demos at the centre stage of the struggle against extremism. Through a neo-procedural reinterpretation of ancient ostracism and modern-day recall, I suggest that citizens should have rights of democratic de-selection of elected parties and candidates. I argue that, if properly designed, such a mechanism of (...) Download Export citation Bookmark 1 citation
Self-Reference of the Constitutional State: A Systems Theory Interpretation of the Kelsen-Schmitt Debate.Jiří Přibáň - 2011 - Jurisprudence 2 (2):309-328.details This article reinterprets the Kelsen-Schmitt debate in the context of social systems theory and rethinks its major concepts as part of legal and political self-reference and systemic differentiation. In Kelsen?s case, it is the exclusion of sovereignty from juridical logic that opens a way to the self-reference of positive law. Similarly, Schmitt constructed his concept of the political as a self-referential system of political operations protected from the social environment by the medium of power. The author argues that the process (...) Download Export citation Bookmark 1 citation
The Paradox of Constituent Power. The Ambiguous Self-Constitution of the European Union.Hans Lindahl - 2007 - Ratio Juris 20 (4):485-505.details The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) Download Export citation Bookmark 6 citations
Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?N. W. Barber - 2004 - Ratio Juris 17 (4):474-488.details The article considers the nature of legalistic, or formal, conceptions of the rule of law, focusing particularly on the work of Joseph Raz and Albert Venn Dicey. It asks how such apparently narrow conceptions are generated, and how far they can resist including broader social claims. It concludes that the rationale behind legalistic conceptions compels them to address issues of poverty and the literacy of the law's subjects. However, legalistic conceptions of the rule of law can still avoid sliding into (...) Download Export citation Bookmark 3 citations

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