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- Agne, Hans
(författare)
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Democratic founding : we the people and the others
- 2012
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Ingår i: International Journal of Constitutional Law. - : Oxford University Press (OUP). - 1474-2640 .- 1474-2659. ; 10:3, s. 836-861
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Tidskriftsartikel (refereegranskat)abstract
- In democratic theory, it goes without saying that people should establish their own political orders. However, the making of states or constitutions sometimes involves people with no intention of actually joining the new political order, as in the U.S.-led regime change of Afghanistan and Iraq or the UN administration of postconflict Kosovo and Timor-Leste. Could such policies be reconciled with the conviction that people should establish their own political orders? In this paper I will develop an affirmative answer to this question. The founding of a state is democratic-that is, constituted by the people subject to this foundational decision-when agreed to by as many persons as possible within and beyond the boundaries of the state to be founded. Hence, the very sense in which a state may have been democratically founded in the past presupposes an involvement of people beyond its current boundaries. Moreover, the moral values inherent in the practice of people constituting their own states do not imply restriction of power to the group of future citizens but protection of their autonomy, and, properly understood, the realization of this autonomy is contingent on people who will remain outside the state once founded.
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| 3. |
- Baaz, Mikael, 1966
(författare)
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International law is different in different places: Russian interpretations and outlooks : Lauri Mälksoo . Russian Approaches to International Law . Oxford University Press, 2015, Pp. 240. £60.00. ISBN: 9780198723042
- 2016
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Ingår i: International Journal of Constitutional Law. - : Oxford University Press (OUP). - 1474-2640 .- 1474-2659. ; 14:1, s. 262-276
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Tidskriftsartikel (refereegranskat)abstract
- Following the end of the Cold War, it became a widely held belief that, after more than 70 years in exile, Russia would finally “return” to Europe—a sphere to which it had belonged since the time of Peter the Great—politically as well as normatively. Quite early on, however, it became clear that the country was choosing its own way, in ideological terms but also, by extension, in its understanding of international law—what the law of nations is for and what it is about. Lauri Mälksoo’s, Russian Approaches, is, particularly considering its heuristic value, the most informative, interesting and innovative book written to date regarding (i) what the philosophy of international law in Russia is and how it has evolved over time, and (ii) how international law has been reflected in post-Soviet Russian state practice. The essay presents some of the weaknesses in Mälksoo’s answers to these questions, including the disproportionate weight given to some explanatory factors and, by extension, the omission of others. It also argues, inspired by Martti Koskenniemi, for the importance of acknowledging “international law as a political project” in order to enable it to function both as an instrument for advancing various claims and as a relatively autonomous formal technique.
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- Kelemen [Capannini-Kelemen], Katalin, Associate Professor, 1980-
(författare)
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Constitutional reasoning : a flourishing field of research in comparative law
- 2019
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Ingår i: International Journal of Constitutional Law. - : Oxford University Press. - 1474-2640 .- 1474-2659. ; 17:4, s. 1336-1344
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Forskningsöversikt (refereegranskat)abstract
- Constitutional reasoning has been a flourishing field of research in comparative constitutional law in the past decade. This essay reviews two books that have made a significant contribution to the field. The success of these books is also shown by the fact that both were reprinted in paperback last year. The first book, as the author András Jakab declares, “provides a theory for constitutional lawyers about fundamental questions of European constitutional law” (at 1). At the same time, it serves as a conceptual foundation for the second book, which is an edited collection on comparative constitutional reasoning, and the final product of a five-year research project, involving twenty-five scholars from four continents who authored the various contributions, each examining one court’s style of constitutional reasoning. András Jakab is among the leaders of this research project (together with Arthur Dyevre and Giulio Itzcovich) and the editors of the second book. The essay will present the two books in this order.
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| 5. |
- Saati, Abrak, 1982-
(författare)
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Participatory constitution-building in Fiji : A comparison of the 1993–1997 and the 2012–2013 processes
- 2020
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Ingår i: International Journal of Constitutional Law. - : Oxford University Press. - 1474-2640 .- 1474-2659. ; 18:1, s. 260-276
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Tidskriftsartikel (refereegranskat)abstract
- Participatory constitution-building during times of transition from war to peace or from authoritarian to democratic rule is quickly becoming an established norm. This article analyzes and compares two Fijian participatory processes; the 1993–1997 process and the 2012–2013 process. The purpose of doing so is to understand the extent to which these processes were genuinely participatory in terms of extending the Fijians’ possibility of influencing the content of the constitution. The article concludes that these processes were merely symbolic in terms of public participation; that there is not much that public participation can achieve in and by itself; and that the sequencing of public participation and secluded political elite negotiations in the context of constitution-building during times of transition is a field of research that is in dire need of further systematic analysis, particularly as an increasing amount of post-conflict and post-authoritarian states endeavor participatory constitution-building.
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| 8. |
- Wallerman Ghavanini, Anna, et al.
(författare)
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Institutions that define the policymaking role of courts: A comparative analysis of the supreme courts of Scandinavia
- 2023
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Ingår i: International Journal of Constitutional Law. - 1474-2640 .- 1474-2659. ; 21:3, s. 770-797
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Tidskriftsartikel (refereegranskat)abstract
- Scandinavian supreme courts have been described as deferential to the elected branches of government and reluctant to exercise their limited review powers. However, in recent years, these courts have increasingly decided cases impacting public policy making. Yet we lack comprehensive, comparative knowledge about the legal rules and judicial practices that govern the policymaking role of courts in Denmark, Norway, and Sweden. Addressing this gap, this article develops an analytical framework and systematically compares the evolving laws, rules, and practices that regulate the supreme courts’ constitutional review powers and court administration, the appointment and tenure of judges, access to the supreme courts, and their decision-making procedures over the last fifty years. The comparison reveals notable institutional differences across these judiciaries and finds that judicial expansion in Scandinavia has coincided with institutional changes that enhance judicial autonomy. This suggests that consequential reforms of domestic origin may have played a larger part in this development than previously appreciated.
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