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This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.
How legitimate are outcomes, outputs and impacts of global environmental regimes? Can non-state actors contribute to improve the output- and input-oriented legitimacy of global environmental governance? Helmut Breitmeier responds to these questions, balancing the volume with both theoretical and empirical chapters. The theoretical and conceptual chapters illustrate the relevance and meaning of legitimacy as well as the impact of non-state actors on environmental governance. They also describe various methodological issues involved with the coding of 23 environmental regimes. The empirical chapters are based on the findings of the International Regimes Database (IRD). They explore whether problem-solving in international regimes is effective and equitable and the influence of a regime's contribution to how states comply with international norms. These chapters also analyze whether non-state actors can improve the output- and input-oriented legitimacy of global governance systems.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
How can we have meaningful public conversations in the algorithmic age? This book explores how digital technologies shape our opinions and interactions, often in ways that limit our exposure to diverse perspectives and fuel polarization. Drawing on the ancient art of arguing all sides of a case, the book offers a way to revive public debate as a source of trust and legitimacy in democratic societies. This is a timely and urgent book for anyone who cares about the future of democracy in the digital era.
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
The Possibility of Norms examines what defines social norms. Norms are not mere justifications or causal explanations of what we do, but point towards the possibility of divergent states of the world. Möllers's eye-opening analysis develops a new conceptual framework for social norms, from law and religion to the social and political sphere.
This book provides an extensive analysis and discussion of the transnational mobilization of citizens and youth, alongside the production of creative, imaginative, and constructive solutions to the European crisis. The volume provides a variety of interdisciplinary analyses, as well as a series of perspectives on populism that have not been addressed extensively, including an examination of left-wing populism, the constituent power dimension of populism, and transnational manifestations of populism, contributing to debates on political science, political sociology, social movements studies, and political and constitutional theory.