Foreign International Law

After National Democracy: Rights, Law and Power in America by Lars Tragardh

By Lars Tragardh

The "imagined neighborhood" of the state, which served because the affective foundation for the post-French Revolution social agreement, in addition to its institutional counterpart, the welfare country, is presently lower than nice pressure as states lose keep watch over over what as soon as was once known as the "national economy". during this e-book a couple of authors - historians, felony students, political theorists - ponder the destiny of nationwide democracy within the age of globalization. particularly, the authors ask even if the order of ecu realms, with its emphasis on sizeable democracy, is now, within the guise of the ecu Union, giving approach to a extra loosely built, usually federalized process of procedural republics (partly built within the photo of the United States). Is nationwide parliamentary democracy being changed by way of a politico-legal tradition, the place citizen motion more and more happens in a transnational felony area on the price of conventional (and nationwide) get together politics? Is the concept of a nationally-bound citizen within the technique of being superceded through a sophisticated criminal topic?

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Extra info for After National Democracy: Rights, Law and Power in America and the New Europe (Onati International Series in Law and Society)

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53:1; 198–217. —— 2001, ‘The “Right to Have Rights”: Citizenship Practice and the Political Constitution of the EU’, Bellamy and Warleigh (2001), 41–70. —— 2003, Sovereignty, Post-Sovereignty and Pre-Sovereignty: Reconceptualising the State, Rights and Democracy in the EU. In N. Walker (ed), Sovereignty in Transition, Oxford: Hart, 167–89. , Bufacchi V. and Castiglione, D. (eds) 1995, Democracy and Constitutional Culture in the Union of Europe, Lothian Foundation Press: London. Bellamy, R. and Castiglione, D.

The recent conventions to draft the European Charter of Fundamental Rights and a possible European Constitution have been greeted in some quarters as innovations that partly address these two difficulties. The conventions have been much more open and broadly based than the IGCs, with the government representatives outnumbered by national and European parliamentarians, along with representatives from the Commission. There has also been a relatively broad consultation of other EU bodies and groups from within civil society, with their deliberations and proposals being made widely available on dedicated web sites (De Búrca 2001, Shaw 2003).

Ruggie, J. G. 1993, ‘Territoriality and Beyond: Problematizing Modernity in International Relations’, International Organisation, 47:1; 139–74. Scharpf, F. 1999, Governing in Europe: Effective and Democratic? Oxford: Oxford University Press. Schmitter, P. C. 2000, How to Democratize the European Union … And Why Bother? Maryland: Rowman and Littlefield. —— 2001, ‘What is There to Legitimise in the European Union … And How Might This be Accomplished’? Florence: EUI mimeo. Sharpf, F. W. 1988, ‘The Joint Decision Trap’, Public Administration, 66: 239–78.

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