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Between militant democracy and citizen vigilantism: Using citizens’ assemblies to keep parties democratic 介于激进民主与公民自卫军之间:利用公民大会保持政党民主
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-12-15 DOI: 10.1017/s2045381723000382
T. Olsen, Juha Tuovinen
The essential role of parties in democracies makes it important to keep them democratic. This article argues for sortition-based citizens’ assemblies (CAs) organized in and by civil society to formulate democratic standards for political parties to follow, to evaluate them individually and to criticize them publicly if they do not. This is a third and potentially complementary way to keeping parties democratic, placed between militant democracy on the one hand and citizen vigilantism on the other. Militant democracy is challenged by the fact that few democratically problematic parties are ostensibly anti-democratic and therefore likely to fall under the legal criteria for issuing party bans and other legal sanctions. Militant democratic measures are also likely to be ineffective and are vulnerable to abuse. Citizen vigilantism, whereby active democratic citizens take on the responsibility for protecting democracy, deals better with the ambiguous nature of democratically problematic parties but suffers from a lack of democratic authorization and clear standards of critique. While not perfect, the proposed model remedies many of the shortcomings of both approaches. Contributing to an emerging literature on CAs as instruments in the protection of democracy, the article evaluates the model’s normative justifiability, feasibility and likely effectiveness.
政党在民主政体中发挥着重要作用,因此保持政党的民主性十分重要。本文主张由民间社会组织基于排序的公民大会(CAs)来制定政党应遵循的民主标准,对政党进行单独评估,并在政党不遵循民主标准时对其进行公开批评。这是保持政党民主的第三种可能的补充方式,介于激进民主与公民自律之间。激进民主面临的挑战是,很少有民主上有问题的政党表面上是反民主的,因此很可能符合发布政党禁令和其他法律制裁的法律标准。激进的民主措施也很可能无效,而且容易被滥用。公民警戒主义,即积极的民主公民承担起保护民主的责任,能较好地解决有民主问题的党派性质模糊的问题,但缺乏民主授权和明确的批评标准。所提出的模式虽不完美,但弥补了这两种方法的许多不足。文章评估了该模式在规范方面的合理性、可行性和可能的有效性,为有关作为保护民主工具的宪法机构的新兴文献做出了贡献。
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引用次数: 0
Dead or alive? Global constitutionalism and international law after the start of the war in Ukraine 是死是活?乌克兰战争爆发后的全球宪政与国际法
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-12-13 DOI: 10.1017/s2045381723000369
Takao Suami
Russia’s continued aggression against Ukraine has sent shock waves around the world. Russia has violated the most fundamental rule of international law and most people intuitively feel that the war in Ukraine has changed the entire landscape of international society. Given what is clearly a turning point, it is difficult to assume that global constitutionalism founded on ‘human rights, the rule of law and democracy’, called ‘the constitutional trinity’, will not undergo any changes. Can global constitutionalism survive such a difficult moment? This is a fundamental question that global constitutionalists must address. This article answers this question in the affirmative. First, despite its gross violations of international law, Russia is not necessarily attempting to withdraw from the current framework of international law. The existing individual-centred elements in international law, which are the central pillar of global constitutionalism, will not be replaced by any alternatives. Second, even if the existing framework of international law remains viable, there is an undeniable risk that the polarization of international law accelerated by the ongoing war will negatively affect global constitutionalism. Such polarization may hollow out the constitutional trinity in international law. However, global constitutionalism will continue to function as the principal cognitive framework for international society because the exercise of individuals’ rights embedded in international law will incessantly provide energy for global constitutionalism. This article concludes that insofar as international law keeps its individual elements, global constitutionalism will be able to retain its normative power under the present predicament in the world.
俄罗斯对乌克兰的持续侵略在全世界掀起了轩然大波。俄罗斯违反了最基本的国际法规则,大多数人直观地感觉到乌克兰战争改变了整个国际社会的格局。鉴于这显然是一个转折点,很难假设建立在 "人权、法治和民主 "基础上的全球宪政主义(被称为 "宪政三位一体")不会发生任何变化。全球立宪主义能否挺过如此艰难的时刻?这是全球宪政主义者必须解决的一个基本问题。本文对这一问题做出了肯定的回答。首先,尽管俄罗斯严重违反了国际法,但它并不一定试图退出当前的国际法框架。国际法中以个人为中心的现有要素是全球宪政主义的核心支柱,不会被任何替代品所取代。其次,即使现有的国际法框架仍然可行,但不可否认的风险是,持续的战争加速了国际法的两极分化,这将对全球立宪主义产生负面影响。这种两极分化可能会掏空国际法中的宪法三位一体。然而,全球宪政仍将继续作为国际社会的主要认知框架发挥作用,因为个人行使国际法中蕴含的权利将源源不断地为全球宪政提供能量。本文的结论是,只要国际法保持其个体要素,全球宪政主义就能在当前的世界困境下保持其规范力量。
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引用次数: 0
Between (ir)responsibility and (in)appropriateness: Conceptualizing norm-related state behaviour in the Russian war against Ukraine 在责任与适当之间:俄罗斯对乌克兰战争中与规范相关的国家行为的概念化
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-11-08 DOI: 10.1017/s2045381723000357
Sassan Gholiagha, Mitja Sienknecht
Abstract The Russian war against Ukraine has challenged fundamental norms such as sovereignty, non-interference and the prohibition of the use of force. It has led to diverse reactions from the international community. Only very few states sided with Russia, some states remained neutral, while the vast majority condemned the attack and supported Ukraine in its right to self-defence. Thus, although there is no legal obligation, many states display behaviour that goes beyond diplomatic support. They support Ukraine financially and even deliver weapons to support Ukraine in its right to self-defence. In this article, we conceptualize different types of actors’ behaviour in world politics. We distinguish between responsible, irresponsible, appropriate, and inappropriate behaviour. We apply this typology to states’ reaction to the Russian war against Ukraine. The typology enables us to analyse the variation of the responses with reference to norms and responsibility, two core concepts of International Relations (IR) Theory and global politics. Counterintuitively as it might seem, we argue that the support of Ukraine with weapons can be categorized as responsible behaviour as it displays an over-fulfilment of the right to self-defence norm, which leads to the emergence of a new norm: the responsibility to support norm.
俄罗斯对乌克兰的战争挑战了主权、不干涉和禁止使用武力等基本准则。这引起了国际社会的不同反应。只有极少数国家站在俄罗斯一边,一些国家保持中立,而绝大多数国家谴责这次袭击,并支持乌克兰的自卫权。因此,尽管没有法律义务,但许多国家表现出超越外交支持的行为。他们在经济上支持乌克兰,甚至提供武器来支持乌克兰的自卫权。在本文中,我们概念化了世界政治中不同类型的行动者的行为。我们区分负责任、不负责任、适当和不适当的行为。我们将这种类型学应用于各国对俄罗斯对乌克兰发动战争的反应。这一类型学使我们能够根据国际关系理论和全球政治的两个核心概念——规范和责任——来分析反应的变化。我们认为,用武器支持乌克兰可以被归类为负责任的行为,因为它显示了对自卫权利规范的过度履行,这导致了一种新规范的出现:支持规范的责任。
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引用次数: 0
How do constitution-making processes fail? The case of Chile’s Constitutional Convention (2021–22) 制宪程序是如何失败的?智利制宪会议案例(2021 - 2022)
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-27 DOI: 10.1017/s204538172300031x
Sergio Verdugo, Luis Eugenio García-Huidobro
Abstract This introduction to the symposium ‘How do Constitution-Making Processes Fail? The Case of Chile’s Constitutional Convention (2021–22)’ situates the project in the field of constitution-making, provides context regarding the Chilean case, summarizes some possible explanations for the failure, and describes how each article contributes to the symposium as a whole.
“制宪过程是如何失败的?”《智利制宪会议案例(2021 - 2022)》将该项目置于制宪领域,提供了智利案例的背景,总结了失败的一些可能解释,并描述了每篇文章如何为整个研讨会做出贡献。
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引用次数: 0
Utopian constitutionalism in Chile 智利的乌托邦式宪政
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-27 DOI: 10.1017/s2045381723000266
David Landau, Rosalind Dixon
Abstract In this article, we argue that the 2022 Chilean draft Constitution helps to articulate the distinction between a transformative constitutional project and a utopian one. Whereas a transformative project lays down markers for social change that will take time to achieve, a utopian project sets out goals that are unlikely to be achieved within any reasonable timeframe. Utopianism is a product of two relationships. The first is the internal relationship between the transformative goals laid out in a constitution and the institutional pathways through which changes will occur. The second is the external relationship between the goals in the text and the views and support of key groups. In Chile, both relationships were problematic. First, the Convention adopted a draft that was heavy on ambitious programmatic content but lacked a clear vision of how to implement it. Second, the Convention produced a draft that was supported by the ephemeral civil society groups galvanized by the 2019 protests but divorced from the vision of Chile’s parties and public opinion. Some of this was a product of the peculiar electoral context in which the Convention acted, which has already been corrected. But some of it reflects deeper tensions within transformative constitutionalism.
在本文中,我们认为2022年智利宪法草案有助于阐明变革性宪法项目与乌托邦之间的区别。一个变革性的项目为社会变革奠定了需要时间才能实现的标志,而一个乌托邦式的项目则设定了不太可能在任何合理的时间框架内实现的目标。乌托邦主义是两种关系的产物。首先是宪法中规定的变革目标与变革发生的制度途径之间的内在关系。二是文本目标与关键群体的观点和支持之间的外部关系。在智利,这两种关系都存在问题。首先,《公约》通过了一项草案,其中有大量雄心勃勃的方案内容,但缺乏如何执行的明确设想。其次,《公约》起草的草案得到了2019年抗议活动激发的昙花一现的民间社会团体的支持,但与智利政党和公众舆论的愿景脱节。其中一些是《公约》所处的特殊选举环境的产物,这种情况已经得到纠正。但其中一些反映了变革中的宪政主义内部更深层次的紧张关系。
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引用次数: 0
Institutional resistance: The case of the Chilean Convention 2021–22 制度阻力:以2021-22年智利公约为例
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-13 DOI: 10.1017/s2045381723000291
María Cristina Escudero
Abstract The Constitutional Convention in Chile, like other constitution-making mechanisms in democracies, carried out its work within the democratic institutional framework. In a democracy, the success of a constitution-making process depends not only on internal factors, such as its capacity for representation and the procedural rules by which it is governed, but also on external factors such as participation, the government’s role and other contingent factors. When the process – including both internal and external factors – fails to produce adherence to the new constitution, institutional resistance to changes is very likely to occur. This article argues that the manner in which the political and social spectrum was represented in the Chilean Convention, combined with the way participation was implemented and the rules governing the Convention, insulated it from society and the rest of the democratic institutions. As a result, party and public adherence to the proposal made by the Convention was low and its contents generated institutional resistance from outside.
智利制宪会议与其他民主国家的制宪机制一样,是在民主体制框架内开展工作的。在一个民主国家,制宪过程的成功不仅取决于内部因素,如其代表能力和管理它的程序规则,还取决于外部因素,如参与、政府的作用和其他偶然因素。当这一进程- -包括内部和外部因素- -未能产生对新宪法的遵守时,很可能会出现对变革的制度性抵制。本文认为,《智利公约》代表各种政治和社会派别的方式,加上实施参与的方式和管理《公约》的规则,使它与社会和其他民主机构隔绝开来。结果,党和公众对《公约》所提建议的遵守程度很低,其内容引起了来自外部的体制阻力。
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引用次数: 0
Farewell to constituent power? The Conference on the Future of Europe, citizens’ assemblies and the democratic minimum 告别制宪权力?欧洲未来会议,公民大会和最低限度的民主
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-11 DOI: 10.1017/s2045381723000333
Markus Patberg
Abstract In this article, I ask about the extent to which the Conference on the Future of Europe (CoFoE) has advanced democracy in the European Union. I critically engage with the claim that the CoFoE’s success should not be measured by whether it enabled constituent power, or ultimately results in treaty reforms, but by the fact that, by introducing citizens’ assemblies to EU politics, it has laid the foundation for participatory democracy in the European Union. Drawing on established theories of participatory democracy, I argue that this interpretation misses the point. To put forward an alternative view, I revisit James Bohman’s concept of a democratic minimum. The best democratic defence of permanent EU citizens’ assemblies is that they could provide citizens with the capacity to initiate deliberation about common concerns – and thus function as a nucleus for constituent power in the European Union. Nevertheless, the idea should be viewed with caution, as permanent citizens’ assemblies could just as well become a democratic fig-leaf allowing EU institutions to reject calls for fundamental reforms. Much therefore depends on their institutional design.
在这篇文章中,我询问了欧洲未来会议(CoFoE)在欧盟推进民主的程度。我对以下观点持批判态度:CoFoE的成功不应以它是否实现了选民权力或最终导致了条约改革来衡量,而应以这样一个事实来衡量:通过将公民大会引入欧盟政治,它为欧盟的参与式民主奠定了基础。根据参与式民主的既定理论,我认为这种解释没有抓住要点。为了提出另一种观点,我重温了詹姆斯·博曼(James Bohman)关于民主最低限度的概念。对永久性欧盟公民大会的最佳民主辩护是,它们可以为公民提供发起审议共同关切问题的能力——从而发挥欧盟组成权力核心的作用。然而,应该谨慎看待这一想法,因为永久公民大会也可能成为民主的遮羞布,让欧盟机构拒绝要求根本改革的呼声。因此,很大程度上取决于它们的制度设计。
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引用次数: 1
Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure 两极分化民主国家中的精英不合作:制宪推迟、加入公投和智利失败的种子
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-11 DOI: 10.1017/s2045381723000321
Luis Eugenio García-Huidobro
Abstract This article extends the study of the shortcomings of the constitution-making design that contributed to the failure of the Chilean process by addressing a largely overlooked aspect: the 2020 entry referendum. By placing two competing constitution-making models on the ballot, the political elites delegated to the voters a highly conflictual aspect of the process design that prevented cooperation among them. While some political parties approached the disagreements placed on the ballot as an opportunity to reopen discussions already settled by the 2019 Agreement, others interpreted the move as a cancellation of the political insurance contained in the Agreement. This exacerbated the existing polarization among political elites and imperiled prospects for the success of the process.
本文通过解决一个在很大程度上被忽视的方面:2020年加入公投,扩展了对导致智利进程失败的制宪设计缺陷的研究。通过将两种相互竞争的制宪模式放在选票上,政治精英们将过程设计中高度冲突的一面委托给了选民,这阻碍了他们之间的合作。虽然一些政党将投票中的分歧视为重新开始2019年协议已经解决的讨论的机会,但其他政党将此举解释为取消协议中包含的政治保险。这加剧了政治精英之间现有的两极分化,并危及这一进程成功的前景。
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引用次数: 0
Europe’s constitutional retrofit 欧洲的宪法改革
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-06 DOI: 10.1017/s2045381723000345
Neil Walker
Abstract The various and diverse academic responses to the Conference on the Future of Europe’s efforts at democratic renewal, including those by Ben Crum, Markus Patberg and Sandra Seubert, speak not only to the lack of a clear institutional locus or pathway associated with the Conference, but also to differing understandings of the basic conditions of existence – or political ontology – of the European Union. These differing understandings are reflected in different attitudes to the European Union’s constitutional standing and prospects. This article explores how the special place of constitutional retrofitting in the European Union – of reconstructing and reimagining an originally pre-constitutional system in constitutional terms – helps to illuminate the different understanding of political ontology in play, and helps clarify what is at stake in the continuing debate over fundamental reform.
对欧洲未来会议民主复兴努力的各种各样的学术回应,包括本·克拉姆、马库斯·帕特伯格和桑德拉·休伯特的回应,不仅表明缺乏与会议相关的明确的制度轨迹或途径,而且表明对欧盟存在的基本条件或政治本体论的不同理解。这些不同的理解反映在对欧盟宪法地位和前景的不同态度上。本文探讨了欧盟宪法改造的特殊地位——用宪法的术语重建和重新构想一个最初的前宪法制度——如何有助于阐明对政治本体论的不同理解,并有助于澄清在关于基本改革的持续辩论中什么是利害攸关的。
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引用次数: 0
Unpacking constitutional literacy 解读宪法素养
Q3 INTERNATIONAL RELATIONS Pub Date : 2023-10-02 DOI: 10.1017/s2045381723000205
Maartje De Visser, Brian Christopher Jones
Abstract The contemporary crisis in relation to constitutional literacy relates not to the lack of knowledge that citizens possess about fundamental constitutional texts, but to the considerable lack of development in relation to what constitutional literacy itself entails. This article accordingly unpacks the notion of constitutional literacy: its importance, its characteristics, and its variable nature. Using a comparative lens, the article invites reflection on the role we expect citizens to play in our democracies, and especially the associated knowledge and skills required for successful state performance. We suggest that constitutional literacy is exceptionally multifaceted and fluid in nature, which serves to make its conceptualization and measurement challenging endeavours, and certainly more so than the easy invocation of this notion may assume at first blush. In this regard, engaging with the constitutional text, while an integral component of constitutional literacy, is ultimately only one part of the puzzle.
当代宪法素养的危机并不在于公民缺乏对基本宪法文本的了解,而在于宪法素养本身所需要的发展相当缺乏。因此,本文对宪法素养的概念进行了解析:它的重要性、特点和可变性。本文运用比较的视角,让人们思考我们期望公民在民主国家中扮演的角色,尤其是成功的国家运作所需的相关知识和技能。我们认为,宪法素养在本质上是异常多面的和流动的,这有助于使其概念化和衡量具有挑战性的努力,当然比乍一看容易调用这一概念所假设的更为困难。在这方面,参与宪法文本虽然是宪法素养的一个组成部分,但最终只是这个难题的一部分。
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引用次数: 0
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Global Constitutionalism
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