After National Democracy Rights Law and Power in America and the New Europe

by Tragardh, Lars

• ISBN13: 9781841133287
• ISBN10: 1841133280
• Format: Hardcover
• Copyright: 2004-05-01
• Publisher: Hart Publishing

Summary

The "imagined community" of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the "national economy" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization.In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?

Author Biography

Lars Tragardh is Assistant Professor in the Department of History, Barnard College, Columbia University.

Table of Contents

List of Contributors	ix
1. Introduction	1	(8)
Lars Trägårdh
2. Normative Theory and the EU: Legitimising the Euro-Polity and its Regime	9	(32)
Richard Bellamy and Dario Castiglione
1. The Dimensions of Legitimacy	12	(5)
2. The Normative and 'Regime' Dimensions of the European 'Polity'	17	(7)
3. The Normative and 'Polity' Dimensions of the European 'Regime'	24	(9)
4. Conclusion	33	(1)
5. References	34	(7)
3. The Juridification of Politics in the United States and Europe: Historical Roots, Contemporary Debates and Future Prospects	41	(38)
Lars Tragardh and Michael X. Delli Carpini
1. Introduction	41	(4)
2. The Anti-Juridical Tradition in Europe	45	(7)
2.1. The Historical Legacy: Marx and the Law	46	(2)
2.2. The Place of Law in Twentieth Century European Political Systems	48	(4)
3. The Role of Law, the Courts and Lawyers in the United States	52	(14)
3.1. The Historical Legacy: The American Constitutional Regime	53	(4)
3.2. The Rights Revolution and the Litigation Explosion: Law and Politics in Twentieth Century US	57	(3)
3.3. The Current Debate: Pros and Cons of Adversarial Legalism	60	(6)
4. Conclusions	66	(10)
4.1. Courts and Markets	70	(2)
4.2. Courts as Links between State and Civil Society	72	(1)
4.3. From National Citizenship to Post-National Legal Personhood?	73	(3)
5. References	76	(3)
4. Rights and Regulations in (the) Europe(an Union): After National Democracy?	79	(24)
Daniel Wincott
1. Introduction	79	(3)
2. The Political System of Europe	82	(2)
3. The Contingent Development of European Community Law	84	(8)
4. The Regulatory Polity	92	(6)
5. In lieu of a conclusion	98	(3)
6. References	101	(2)
5. Constitutional Moments	103	(18)
Juliet Williams
1. Revolutionary Beginnings	104	(5)
2. A Tale of Two Traditions	109	(3)
3. About Face	112	(5)
4. Into the Future	117	(1)
5. Beyond American Constitutionalism?	118	(1)
6. References	119	(2)
6. Law and Politics in a Madisonian Republic: Opportunities and Challenges for Judges and Citizens in the New Europe	121	(22)
Lisa Hilbink
1. The Traditional Judicial Role and the Law/Politics Distinction in (Old) European Democracy	123	(2)
2. The Role of the Judiciary and the Law/Politics Distinction in the American Democratic Model	125	(2)
3. Why, How and with What Effect Law and Politics Overlap in the American Case	127	(3)
4. Abstracting from the American Case: Why Democracy Requires a Porous Boundary between Law and Politics	130	(3)
5. Challenges for Citizens of a Madisonian Republic	133	(2)
6. Conclusion	135	(3)
7. References	138	(5)
7. Democracy Beyond Nation and Rule? Reflections on the Democratic Possibilities of Proceduralism	143
Warren Breckman
1. Proceduralism and Substantive Choice	145	(5)
2. Democracy as Regime	150	(7)
3. Proceduralism and Democracy	157	(9)
4. Conclusion	166	(1)
5. References	167