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Hans Kelsen and the Case for Democracy
Hans Kelsen and the Case for Democracy is a contextual analysis of this famous jurist’s political thought. Kelsen’s works are usually reduced to his theory of law, and his reflections on democracy are often ignored. The great strength of Kelsen's political thinking lies in the largely original arguments that it musters against the critics who condemn or debunk the institutions of parliamentary democracies. This study assesses Kelsenian democratic theory by exploring three questions: first, how is Kelsen’s political theory intertwined with his legal theory? Second, how does Kelsen combine his reflections on the democratic ideal with his appreciation of a reality that more often than not quite distant from that ideal? Third, how does Kelsen conceive of the sources of the state’s cohesion in a democracy?
Compromises in Democracy
This book provides an interdisciplinary examination of the relationship between compromise and democracy. Compromises have played a significant role in our representative democracies and yet the nature of the relationship between compromise and democracy has generally raised tricky theoretical questions and generated ambiguous evaluations. This book focuses on the relationship between compromise and liberal democracies from both a cultural and institutional perspective and addresses new and lesser-explored aspects of the relationship. It explores a variety of topics including: compromise and in-commensurable values, antagonist paradigms, compromise and majority decisions, compromise and publicity, compromise and post-conflict societies, compromise and anti-system political parties, and compromise and the understanding of political representation. Compromises in Democracy offers an original perspective on the topic by assembling contributions from the fields of philosophy, sociology, political theory, political science and history of ideas.
Misinformation in Referenda
The book identifies the impact of misinformation in the context of referenda. While the notion of misinformation is at the centre of current events and is the subject of several studies, it has rarely been addressed in the context of referenda or from a multidisciplinary and comparative perspective. This book fills this gap. Different legal orders have been chosen because of their extensive referendum practices (California and Switzerland); a recent legislative process on the issue of misinformation (Germany, France, and Canada); or recent experience with a vote during which it was considered that false information had been disseminated (Brexit, Catalan independence, and Italian constitution...
Policy Making in Multilevel Systems
Does the territorial state organisation matter for effective policy making, and if so, in what way? So far, we know relatively little about its effects on policy making and policy outputs. Starting from the hypothesis that decentralised policy making has positive effects whereas federalism has a slightly negative impact on policy performance, this book systematically tests the independent and interdependent effects of different combinations of federal/unitary and decentralised/centralised structures of decision making and implementation. Based on a mixed methods design it first quantitatively tests the relationships for the OECD countries in cross-sectional as well as panel designs. In a second step, qualitative case studies are conducted for four countries: federal-centralised Austria, federal-decentralised Switzerland, unitary-decentralised Denmark, and unitary-centralised Ireland. The authors study two space-related policy areas, both with regard to the decision making and the implementation stage of the policy-making process: regional policy and transport policy.
National Identity and the Agrarian Republic
With a few exceptions, historiography has paid little attention to the impact of French economic thought during the American Revolution, focusing instead on the Revolution’s links with Britain. This book outlines how, from the mid-eighteenth to the early-nineteenth century, the political and social dimension of French economic thought, and particularly of Physiocracy, spurred American Republicans to a radical shaping of American agrarian ideology. Such a perspective allows for a reconsideration of several questions that lie at the heart of contemporary historiographic debate: the connection between politics and economics; the meaning of republicanism; the foundations of representation; the role of Europe in the Atlantic world; and the interaction between national histories and global context. In particular, the research methodology adopted here makes it possible to reconstruct how American national identity, conceived as an expression of society in economic terms, emerged through a cosmopolitan way of thinking focused on the uniqueness of the new state.
Transparency, Society and Subjectivity
This book critically engages with the idea of transparency whose ubiquitous demand stands in stark contrast to its lack of conceptual clarity. The book carefully examines this notion in its own right, traces its emergence in Early Modernity and analyzes its omnipresence in contemporary rhetoric. Today, transparency has become a catchword outplaying other Enlightenment values like empowerment, sincerity and the notion of a public sphere. In a suspicious manner, transparency is entangled in the discourses on power, surveillance, and self-exposure. Bringing together prominent scholars from the emerging field of Critical Transparency Studies, the book offers a map of the various sites at which transparency has become virulent and connects the dots between past and present. By studying its appearances in today’s hyper-mediated economies of information and by linking it back to its historical roots, the book analyzes transparency and its discontents, and scrutinizes the reasons why it has become the imperative of a supposedly post-ideological age.
Choice, Rules and Collective Action
This volume brings a set of key works by Elinor Ostrom, co-recipient of the Nobel Prize in Economic Sciences, together with those of Vincent Ostrom, one of the originators of Public Choice political economy. The two scholars introduce and expound their approaches and analytical perspectives on the study of institutions and governance. The book puts together works representing the main analytical and conceptual vehicles articulated by the Ostroms to create the Bloomington School of public choice and institutional theory. Their endeavours sought to ‘re-establish the priority of theory over data collection and analysis’, and to better integrate theory and practice. These efforts are illustrated via selected texts, organised around three themes: the political economy and public choice roots of their work in creating a distinct branch of political economy; the evolutionary nature of their work that led them to go beyond mainstream public choice, thereby enriching the public choice tradition itself; and, finally, the foundational and epistemological dimensions and implications of their work.
Carl Schmitt's Institutional Theory
In 1922, Carl Schmitt penned Political Theology, the celebrated essay in which he elaborated on the notorious theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend the legal order. Ever since, Schmitt's thinking has largely been identified with this concept, despite him renouncing it over time. Offering a comprehensive analysis of Schmitt's writings, Carl Schmitt's Institutional Theory provides an ambitious, novel perspective on Carl Schmitt and his legal and political thinking. By delving into Schmitt's output over his decades-long career, Mariano Croce and Andrea Salvatore explore Schmitt's varied and developing thoughts on exceptionalism, societal pluralism and the law as the progenitor and enforcer of normality. Challenging dominant interpretations, Croce and Salvatore dethrone the false centrality of certain key texts, and instead provide a more unified, coherent account of his institutional theory from across his long and controversial career.
On Parties, Party Systems and Democracy
This collection brings together some of the most significant and influential work by leading comparativist Peter Mair (1951–2011). The selection ranges from considerations on the relevance of concept formation to the study of party systems and party organisations; and from reflections on the democratic legitimacy of the European Union to the future of party democracy. Including frequently cited papers alongside lesser-known work, the writings collected in this volume attest to the broad scope and depth of Mair’s insights into comparative party politics, and the changing realities of party government. As such, they form an important and enduring contribution to the study of politics, and a fitting tribute to an inspirational and much-missed figure in the global political science community. Edited and introduced by Ingrid van Biezen, with an intellectual portrait of Peter Mair by Stefano Bartolini and Hans Daalder.
Emergencies in Public Law
This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.
