Imagined communities: Reflections on the origin and spread of nationalism

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Book Review: The Theory of Communicative Action Vol. Two, Lifeworld and System: A Critique of Functionalist ReasonThe Theory of Communicative Action Vol. Two, Lifeworld and System: A Critique of Functionalist Reason By: HabermasJurgen Translated by: McCarthyThomasBoston: Beacon Press. 1987. 457 pp. $37.50.

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Communication And The Evolution Of Society

For a century at least, parties have been central to the study of politics. Yet their typical conceptual reduction to a network of power-seeking elites has left many to wonder why parties were ever thought crucial to democracy. This book seeks to retrieve a richer conception of partisanship, drawing on modern political thought and extending it in the light of contemporary democratic theory and practice. Looking beyond the party as organization, the book develops an original account of what it is to be a partisan. It examines the ideas, orientations, obligations, and practices constitutive of partisanship properly understood, and how these intersect with the core features of democratic life. Such an account serves to underline in distinctive fashion why democracy needs its partisans, and puts in relief some of the key trends of contemporary politics.

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The Meaning of Partisanship

There is a growing sense that if the EU is to avoid disintegration, it needs a constitutional renewal. However, a reform negotiated between executives will hardly revitalise the European project. In light of this, commentators have suggested that the EU needs a democratic refounding on popular initiative. But that is easier said than done. Shaping the EU has been an elite enterprise for decades and it is hard to imagine how things could be otherwise. In this article, I map four public narratives of constituent power in the EU to sketch out potential alternatives. Political actors increasingly call into question the conventional role of the states as the ‘masters of the treaties’ and construct alternative stories as to who should be in charge of EU constitutional politics, how the respective subject came to find itself in that position, and how it should invoke its founding authority in the future. These public narratives represent a promising starting point for a normative theory that outlines a viable and justifiable path for transforming the EU in a bottom-up mode.

Challenging the masters of the treaties: Emerging narratives of constituent power in the European Union

In The Crisis of the European Union Jurgen 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.

Supranational constitutional politics and the method of rational reconstruction

While the emerging debate about the disintegration of the European Union focuses on descriptive and explanatory questions, this article approaches the phenomenon from the perspective of democratic ...

Can Disintegration Be Democratic? The European Union Between Legitimate Change and Regression:

Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power. By Joel I. Colón-Ríos. London & New York: Routledge, 2012.

The normative school of global constitutionalism lacks a convincing model of constitutional politics. As far as the democratic legitimacy of constitution making at the supra-state level is addressed at all, scholars usually resort to democratic intergovernmentalism. According to this normative model, processes in which constitutional norms in the global realm are made or amended are democratically legitimate if they are organized as treaty making among the executives of democratic states, followed by parliamentary ratification. In this article, I argue that this model should be rejected because it puts the democratic legal domestication of public authority at risk. Specifically, democratic intergovernmentalism is characterized by five shortcomings: (a) it does not distinguish between norms of contractual and constitutional quality; (b) it undermines the separation of powers; (c) it breaches the division and hierarchization of constituent and constituted powers; (d) it disregards the deliberative dimension of democratic control; and (e) it does neither provide the citizens nor their representatives with a capacity to begin. Ultimately, I suggest that a superior approach should build on the notion of constituent power.

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Markus Patberg

Papers

Challenging the masters of the treaties: Emerging narratives of constituent power in the European Union

Supranational constitutional politics and the method of rational reconstruction

Can Disintegration Be Democratic? The European Union Between Legitimate Change and Regression:

Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power. By Joel I. Colón-Ríos. London & New York: Routledge, 2012.

Against democratic intergovernmentalism: The case for a theory of constituent power in the global realm