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- N. Maccormick (1997). Democracy, Subsidiarity, and Citizenship in the ‘European Commonwealth’. Law and Philosophy 16 (4):331-356.Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of the European Union; what kind of polity is the Union? The suggestion offered is that there is a legally constituted order, and that a suitable term to apply to it is a ‘commonwealth’, comprising a commonwealth of ‘post-sovereign’ states. Is it a democratic commonwealth, and can it be? Is there sufficiently a demos or ‘people’ for democracy to be possible? If not democratic, what is it? Monarchy, oligarchy, or democracy, or a ‘mixed constitution’? Argued: there is a mixed constitution containing a reasonable element of democratic rule. The value of democracy is then explored in terms of individualistic versus holistic evaluation and instrumental versus intrinsic value. Subsidiarity can be considered in a similar light, suggestively in terms of forms of democracy appropriate to different levels of self-government. The conclusion is that there is no absolute democratic deficit in the European commonwealth.
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Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered.
Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered.
Introducing the Democracy Project -- From oligarchy to democracy -- From democracy to tyranny -- Revisiting classical democracy through Aristotle's eyes -- From the state of nature to society: the commonwealth -- John Locke and modern liberal democracy -- John Locke and the state of nature -- John Locke on government -- Jean Jacques Rousseau on the social contract -- The general will and the social contract -- The origin of inequalities -- David Hume on the social contract -- James Madison and the Federalist -- Democracy as checks and balances -- Immanuel Kant on republicanism -- Hegel on the state: an introduction -- Hegel on the ethical state and the idea of law -- Marx on socialist democracy -- Marx on the state and pure democracy -- Alexis de Tocqueville: democracy in America -- Democratic values -- John Rawls and contemporary liberal democracy -- Participatory democracy -- Passion for justice and freedom -- Radical democracy: vision and morality.
Discussion of N. Maccormick, Democracy, subsidiarity, and citizenship in the ‘european commonwealth’
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