Language, Democracy, and the Paradox of Constituent Power


Book Description

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.




Constituent Power


Book Description

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.




The Adventures of the Constituent Power


Book Description

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.




Constituent Moments


Book Description

Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.




Militant Democracy


Book Description

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.




The Paradox of Constitutionalism


Book Description

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.




The Sociology of Law and the Global Transformation of Democracy


Book Description

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.




Empire of the People


Book Description

American democracy owes its origins to the colonial settlement of North America by Europeans. Since the birth of the republic, observers such as Alexis de Tocqueville and J. Hector St. John de Crèvecœur have emphasized how American democratic identity arose out of the distinct pattern by which English settlers colonized the New World. Empire of the People explores a new way of understanding this process—and in doing so, offers a fundamental reinterpretation of modern democratic thought in the Americas. In Empire of the People, Adam Dahl examines the ideological development of American democratic thought in the context of settler colonialism, a distinct form of colonialism aimed at the appropriation of Native land rather than the exploitation of Native labor. By placing the development of American political thought and culture in the context of nineteenth-century settler expansion, his work reveals how practices and ideologies of Indigenous dispossession have laid the cultural and social foundations of American democracy, and in doing so profoundly shaped key concepts in modern democratic theory such as consent, social equality, popular sovereignty, and federalism. To uphold its legitimacy, Dahl also argues, settler political thought must disavow the origins of democracy in colonial dispossession—and in turn erase the political and historical presence of native peoples. Empire of the People traces this thread through the conceptual and theoretical architecture of American democratic politics—in the works of thinkers such as Thomas Jefferson, Thomas Paine, Alexis de Tocqueville, John O’Sullivan, Ralph Waldo Emerson, Daniel Webster, Abraham Lincoln, Walt Whitman, and William Apess. In its focus on the disavowal of Native dispossession in democratic thought, the book provides a new perspective on the problematic relationship between race and democracy—and a different and more nuanced interpretation of the role of settler colonialism in the foundations of democratic culture and society.




The Oxford Handbook of Populism


Book Description

The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.




Law as Politics


Book Description

Articles previously published in the Canadian journal of law and jurisprudence.