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  1. The Idea of Discursive Constituent Power.Massimo Fichera - 2021 - Jus Cogens 3 (2):159-180.
    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’, (...)
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  • Extraordinary partisanship in the European Union: Constituent power and the problem of political agency.Markus Patberg - 2020 - Constellations 27 (1):143-157.
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  • Conflicts on the Threshold of Democratic Orders: A Critical Encounter with Mouffe’s Theory of Agonistic Politics.Ferdinando G. Menga - 2017 - Jurisprudence 8 (3):532-556.
    In light of the recent revival of the debate on radical democracy, this paper seeks to show how a critical reappropriation of Chantal Mouffe’s theory of agonistic politics can explain the structure of a conflict-based understanding of democratic orders. In explicit convergence with Mouffe, I argue that a radical democratic project by no means needs to abandon—as many absolute democracy and multitude theorists claim—the modern political paradigm. I also show, diverging from her account, that Mouffe’s defence of a radical democratic (...)
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  • Critical notice of On the people's terms: a Republican theory and model of democracy, by Philip Pettit, Cambridge University Press, 2012, xii+333pp. [REVIEW]David Dyzenhaus - 2013 - Canadian Journal of Philosophy 43 (4):494-513.
    This paper is a critical notice of Philip Pettit's On the People's Terms: A Republican Theory and Model of Democracy. Pettit argues that only Republicanism can respond appropriately to the ‘evil of subjection to another's will – particularly in important areas of personal choice’ because its ideal of liberty – freedom as non-domination – both captures better than liberalism our commitment to individual liberty and explains better our commitment to the legitimacy of democratic decision-making than standard democrat accounts. If this (...)
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