In this article, combining the Confucian notion of relationality with the republican principle of non-domination, I will shed new light on the ethics of civil compliance in an emergency situation. More specifically, first, by exploring the culturally biased distinctions between individualism and collectivism in the current debates on ‘pandemic’ nationalism, I will put forward the need for a relationality through which civil cooperation with emergency governance can facilitate the enhancement of both individual freedom and democratic commonality in the long run. (...) Then, by supplementing the moral vision of role-constituted relationality in Confucian role-ethics with the principle of liberty as non-domination in neo-Roman republicanism, I will suggest an ethics of civil compliance which can steer emergency governance toward the consolidation of democratic accountability. (shrink)

The objective of this article is to introduce a new concept for grouping all countermajoritarian instruments which became the true casualties of polity design during the New Latin American Constitutionalism (NLAC). This theoretical endeavor, which has not been undertaken until now, will be discussed on the basis of the constitutional upheavals that occurred between 1999 and 2009 in Venezuela, Ecuador, and Bolivia. By addressing a specific theme of this experience, namely its implications for the relationship between democracy and countermajoritarian devices, (...) this article shows why an aggregating concept such as state ataraxy is needed. This concept fills the gap that hinders understanding of what has been institutionally dismantled in the course of these reforms. The article then challenges the claim that with the collapse of countermajoritarian institutions, democracy necessarily collapses. It concludes with a new assessment of the novelty that the NLAC may have brought concerning the tension between democracy and countermajoritarian institutions. The findings contribute to understand one of the most enduring concerns of state theory in general, the tension between democracy and the rule of law. (shrink)

Volume 20, Issue 1, February 2019, Page 20-39.

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)