Konstituierende Autorität. Ein Grundbegriff für die Internationale Politische Theorie

Niesen, Peter; Ahlhaus, Svenja; Patberg, Markus

doi:10.3224/zpth.v6i2.22875

Cited by 1 publication

(2 citation statements)

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“…On the following, seeNiesen et al (2015).9 Interestingly, many elements of the Lisbon Treaty are already in line with this. SeeHabermas (2015, p. 555).…”

mentioning

confidence: 82%

“…Social contract theory explains the transition from the state of nature to society in terms of a rationally motivated decision by the parties to construct a legally organized civil society. Of course, this original act must itself already be conceived as the result of an inclusive and rational process of political will-formation among free and equal persons; otherwise the founding process would lack legitimizing power (see Niesen et al, 2015). The constituting power comes to rest, as it were, in the constituted political community, in which its energies, which have been tamed through the division of powers, come into play only in the procedure of changing the constitution.…”

Section: The 'Levelling Up' Of the Constituent Authoritymentioning

confidence: 99%

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Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte

Habermas

2017

J of Common Market Studies

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In the European Parliament seats are distributed according to a principle of degressive proportionality that privileges smaller member states. While serving the principle of state equality, this arrangement seems to violate the principle of citizen equality. In this article, I consider whether a deviation from the equal representation of citizens can be justified in the context of a supranational political community. The main thesis is that the conflict between citizen and state equality can be dissolved if we understand the European Union as based on a pouvoir constituant mixte. Today, each European finds herself in a dual role as an EU citizen and a state citizen. While the member state peoples strive for supranational democracy, they have an interest in preserving their domestic structures of self-government. Thus, the rules of representation in the EP can be reconstructed as an expression of the legitimate will of a dual constituent subject. *This is a revised version of an article published in Der Staat, 2/2014, translated by Ciaran Cronin. I would like to thank Carlino Antpöhler for corrections and references, Claudio Franzius for an abundance of critical comments, and, last but not least, Peter Niesen for constructive food for thought.

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“…On the following, seeNiesen et al (2015).9 Interestingly, many elements of the Lisbon Treaty are already in line with this. SeeHabermas (2015, p. 555).…”

mentioning

confidence: 82%

Section: The 'Levelling Up' Of the Constituent Authoritymentioning

confidence: 99%