According to Alain Badiou, truth’s existence is not dependent upon philosophy because philosophy itself is not a creator of truth. Badiouan thought submits philosophy to the universe of truth through the mediation of truth procedures. Badiou names these procedures love, politics, art and science. In contrast, the instinctual reason of democratic materialism, which Badiou defines as the partnership between parliamentary democracy and neo-liberal pragmatism, replaces love with physical beauty, politics with technical power, art with a marketable talent and science (...) with a competitive genius. These replacements also correspond to post-truth. This article contrasts the concept of “disinterested interest” in Badiou’s truth procedures with “self-interest” reigning over democratic materialism’s reality procedures. Following Badiou, I explain how “self-interested interest” reproduces the human-animal’s instinctual reason, which triggers post-truth politics. Commitment to truth in a post-truth era therefore cannot be sustained by appealing to democratic materialism’s manipulated knowledge but must be guided by disinterested interest. The article argues that knowledge cannot be an antidote to post-truth because democratic materialism often uses knowledge as an instrument or sometimes as a control mechanism, to strengthen the position of post-truth in many circumstances. (shrink)

Jeremy Bentham came to know Jacques-Pierre Brissot when he was in London between midwinter 1782–3 and summer 1784. They shared some opinions: Brissot indeed saw Bentham to some extent as his mentor. There was never complete accord, however; and Brissot's increasingly radical political views were not at that stage shared by Bentham. In any case, their ways parted with Bentham's prolonged sojourn with his brother in Russia between 1785 and 1788. It was revolution in France that brought renewed contact, though (...) no further personal encounters. By the winter of 1788–9 Bentham was writing, with France in mind, an increasingly elaborate work on parliamentary procedure; and by the spring Brissot was (much more expeditiously) writing and publishing his account of the subject. One element in that work dealt with an issue on which Bentham vigorously opposed Brissot; for it included a strongly argued case for a declaration of rights – something Bentham had already attacked in 1776. He renewed that attack in a letter to Brissot in the late summer of 1789. By the autumn, however, writing to Brissot again, he raised a subject on which the two could sympathise – the importance of asserting popular sovereignty in the new French constitution. That sovereignty, Bentham insisted, must extend to the administration of justice – royal authority must be rigourously excluded from control of the judiciary. The judicial establishment in France was to be Bentham's predominant concern between the winter of 1789–90 and the following summer, and he now had assistance, especially from Etienne Dumont, in translating and publicizing his work. Brissot was probably – though there is no direct evidence – aware of these efforts. In the autumn Bentham's principal concern was the promotion in France of his scheme for a model prison – the Panopticon. That cause was helped by the cordial reception in the National Assembly of his judicial reform proposals. By then he was again in touch with Brissot, whose support he now sought for the Panopticon project – at first with some success. No progress was made in 1793, however, as Brissot's revolutionary career reached first its apogee and then its disastrous end. Many years later, as Bentham's life drew to a close, Brissot's Mémoires served to remind him of their uneasy partnership in the years of revolution. (shrink)

Robert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value (...) of argumentative representation depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities. (shrink)

Political Tactics, composed for the Estates General just before the French Revolution, is one of Bentham's most original works. It contains the earliest and perhaps most important theoretical analysis of parliamentary procedure ever written. It was subsequently translated into many languages and has had a far-reaching influence -- as recently as the early 1990s it was reprinted by the Spanish Cortes.

Abstract.This essay examines current decision‐making procedures in politics, especially those employed in parliamentary procedure, with a view to determining the extent to which they contribute to the making of rational political decisions. It concludes that political decision‐making procedures are, on the whole, inferior to court‐trial procedures, and proceeds to exploit this conclusion by describing a new method of political decision‐making based on the concept of a political jury. This method, it is claimed, is more likely than present methods (...) to produce sound legislation. (shrink)

Some French infiuences have to be found to explain how the two functions of the Standing Committees of the Belgian House of Representatives have evolved. In 1920, when the first Standing Committees system was introduced in the Belgian House of Representatives, a direct French contribution can already be noticed. As a matter of fact, the Speaker of the Committee of Parliamentary Procedures derives his report directly from one made a few months earlier by Joseph Barthélémy for the French House (...) of Representatives.Again in 1935, the first total revision of the entire rules of procedure of the House of Representatives shows the ideal of some French statemen to struggle against the assembly system withthe result of a limitation in the functions of the Standing Committees down to its legislative part. These functions were not altered during the second revision in 1962, but some sort of diffused control over theCabinet was still exerted. In 1979, this control was finally formalised. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Social processes like voting procedures, debates, etc. depend crucially on the precise rules which define them. This rule sensitivity is illustrated by two examples, in the case of preference aggregation by the parliamentary debate concerning the German capital, and in the case of judgement aggregation by the doctrinal paradox or discursive dilemma. Using social choice functions and the theory of mechanism design, one can formulate what it means for a particular set of rules to be correct under a given (...) game-theoretic solution concept. Furthermore, it is argued that in particular methods from logic and computer science are useful to describe and reason about the rules of play in a precise manner. (shrink)

What is the optimal political framework for environmental reform reform on a scale commensurate with the global ecological crisis? In particular, how adequate are liberal forms of parliamentary democracy to the challenge posed by this crisis? These are the questions pondered by the contributors to this volume. Exploration of the possibilities of democracy gives rise to certain common themes. These are the relation between ecological morality and political structures or procedures and the question of the structure of decision-making and (...) distribution of information in political systems. The idea of 'democracy without traditional boundaries' is discussed as a key both to environmentalism in an age of global ecology and to the revitalisation of democracy itself in a world of increasingly protean constituencies and mutable boundaries. (shrink)

The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of (...) legal argumentation to both authoritative and non-authoritative reasons, and the distinction between rules as expressing a real “ought” and principles as expressing its ideal counterpart. All of this underscores the point that the dual nature of law is the single most essential feature of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Visual EmpireSusan Buck-Morss (bio)1 The Sovereign IconThe Question of SovereigntyJust when the nation-state appeared to be waning in significance, national sovereignty is back in the spotlight. The issue takes on special urgency in the United States, where sovereign right has been proclaimed persistently by the president in an attempt to justify policies of military aggression and violations of international and domestic law, executing these policies with disregard for traditional (...) judicial and constitutional procedures.1 Giorgio Agamben’s recently translated book State of Exception has touched off a small case of collective hysteria among American academics by claiming that by their intrinsic nature, democracies undermine themselves, that dictatorship is an ontological necessity of modern politics, and that the sovereign’s power to declare a state of emergency and with it a state exception to the law places potentially the whole world under the sign of the concentration camp.Agamben’s revelation, however, is not the scandal. It is a logical truism that something cannot be a member of its own set, that constituting power (pouvoir constituens) cannot be synonymous with constituted power (pouvoir constituent).Plato in the Timaeus described a self-eating, circular being as the first living thing in the universe–an immortal, perfectly constructed animal [image 1]. Agamben seems shocked to find that such an animal does not exist. If democracies could be self-constituting and self-reproducing, if they could realize the perfect closure of the Oroborus (snake consuming its tail), there would be no decay and no history—but also no hope, no escape from the magic circle of power that is capable of mystifying any political regime, no matter how democratically conceived. The historical event that ruptures the circle’s mythic repetition is also the possibility of a better future.Unlike both Walter Benjamin and Carl Schmitt, upon whom he relies, Agamben uses history ahistorically, in order to abstract from it a timeless ontology of power. In contrast, Benjamin is attentive to historical concreteness, as is Schmitt—this attention is their common bond. But when Benjamin criticizes the parliamentary democracy of the early Weimar Republic, it is not, as it is for Schmitt, out of yearning for a strong executive to cut through parliamentary legalism and compromise.2 Rather, it reminds twentieth-century [End Page 171] parliaments of their own violent origins. A present-day executive leader who, in using the emergency powers of his office, fails to be reminded of the historical origins of representative governments no longer feels It necessary to submit to democratic rule. Benjamin believed that the watered-down versions of democracy in his own time had become little more than bourgeois governing cliques, and for that reason, he might have appreciated Thomas Jefferson’s suggestion that every generation needs a new revolution. The sovereign who declares a state of exception would then be the citizens themselves.The question we need to ask is why Thomas Jefferson’s call for permanent revolution is not predictive of the history of democracies in modern times—why it is so difficult to cut off the head of the king so that it stays off, why popular sovereignty consistently resurrects an aura of quasi-mystical power around the sovereign figure—which since Hobbes’s Leviathan has been recognized as a human artifact, a merely mortal god [see image 2]. In a democracy where only the citizens have the legitimate right to declare a state of exception to the law, the real scandal occurs when an executive branch usurps that power and is allowed to get away with it.More than the sum of merely empirical individuals of which Hobbes’s Leviathan is composed, sovereignty is a transcendent category. The sovereign is an icon in the theological sense. He (or she) embodies an enigma—precisely the power of the collective to constitute itself. The sovereign figure as personification of the collective demonstrates the power of the visible image to close the circle between constituting and constituted power, explaining why even when the illegalities of an individual sovereign are exposed, the faith of the believer is still not shaken. As long as the circle appears closed, sovereign power remains intact; likewise, and... (shrink)

Which party characteristics contribute to the representation of young legislators? We examine this question quantitatively, focusing on the European Parliament, and gauge the influence of the age of the party leader, the age of the party, the size of its support, party ideology and party nomination procedures on the age of politicians, based on data of all members who have served in the EP. We find that none of these characteristics matter substantively in explaining young representatives’ presence and discuss ways (...) to further the field of research on youth representation. Online Appendix. (shrink)

This Article highlights that when procedural rules are legislated and there is substantial coordination between the executive and legislative branches, procedures with potential structural impact are weighted against alternative means of policymaking and implementation. This makes many Continental law countries, parliamentary countries, and countries governed by solid national majorities with substantial control over elected branches, and in general places where power is less fragmented, less likely to encourage American-style class actions. This is manifested in legislative choices of a private (...) enforcement regime for class actions, which, when allowed, is designed to be subordinate to or to piggyback on the enforcement of preexisting bureaucracies. The theory is illustrated with the enactment of class actions in Chile, which is a civil law country that has experimented with class actions since 2004. (shrink)

It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host (...) of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. -/- This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses. (shrink)

Until 1971 the Belgian Socialist Party was the only Belgian party that consulted its members on the composition of candidate-lists for the parliamentary elections. Internal pre-elections were organized for this purpose.Since 1971 however there is a clear trend to abandon this procedure and to make a party-congres the deciding factor.In 1971 and 1974 this trend became predominant in Flanders; it is now also clearly noticeable in Wallonia. Only one out of seventeen Dutch-speaking federations, and seven of the thirteen (...) Frenchspeaking federations organized pre-elections. As they were held in the large federations which send large numbers of members to parliament, there are still more French-speaking candidates in parliament through pre-elections than through a congres appointed list. (shrink)

It is important that from a wider scientific perspective the basics of the conceptual comprehension of impeachment entrenched in the 1992 Lithuanian Constitution be related not only to (a) the nine explicit provisions whereby impeachment relations are regulated directly (Item 5 of Article 63, Article 74, Paragraph 2 of Article 86, Item 5 of Article 88, the first sentence of Paragraph 1 of Article 89, Item 4 of Paragraph 3 of Article 105, Paragraph 3 of Article 107, Item 5 of (...) Article 108, Article 116), but also to (b) the general constitutional principles (especially, the principle of protection of the rights and freedoms of a person), as well as to (c) the precedents of preparation, arrangement, suspension or continuation of impeachment proceedings (in cases of A. Butkevičius, R. Paksas or L. Karalius) and to (d) comparative international aspects, which are perceived not only in the US Constitution, but also in the European Convention on Human Rights which is no longer compatible (and clashing as regards the issue of consequences of impeachment) with the former. According to the European Court of Human Rights (judgment of 6 January 2011 in the case Paksas v. Lithuania), the European Convention on Human Rights prohibits irreversible (termless) limitation (grounded on impeachment) of the passive electoral right to be a Member of Parliament. It is also important to perceive (three) abstract procedural grounds of application of this institute to a certain official—a gross violation of the Constitution, breach of the oath and in case it transpires that a crime has been committed (Article 74 of the Constitution), and the factual (“concrete actions”—see Item 4 of Paragraph 3 of Article 105) grounds qualified according to the former, while due to the factual grounds the “impeachment case” is instituted. The notion “impeachment case” used in Item 4 of Paragraph 3 of Article 105 of the Constitution deserves special scientific attention. This notion indirectly means that: (a) prior to the application to the Constitutional Court by the Seimas, an impeachment case is (must be) instituted, which in itself means that impeachment and initiation and consideration thereof are distinguished by peculiarity in substantive procedure; (b) the Constitutional Court neither institutes this case nor “takes it over” (considers it), but in “its own” case of constitutional justice verifies those factual and procedural grounds, which are necessary in “the other” (impeachment) case instituted in the Seimas. The essence of the institute of impeachment cannot be properly perceived in the constitutional notions of “impeachment”, “case”, “proceedings“, if these notions are assessed only in the explicit provisions of Article 74 of the Constitution, i.e. they are not related to the logic of substantive and procedural arrangement and “intertwining” of the three provisions of the Constitution (Article 74, Item 4 of Paragraph 3 of Article 105 and Paragraph 3 of Article 107) as well as to the purpose of these provisions. On the grounds of the said three provisions of the Constitution, it is possible to assume that the essence of the institute of impeachment lies in a specific official accusation (of violations of special law) against the officials who have acquired (or who hold) certain constitutional powers and of bringing such officials to constitutional liability under the procedure for specific parliamentary impeachment proceedings and constitutional justice proceedings, i.e. deprivation (discontinuation) of constitutional powers under multi-level procedure for conditionally dual proceedings, in which the parliamentary proceedings and the constitutional justice proceedings are inter-connected and supplementeach other. (shrink)

This paper deals with the nature and direction of constitutional thinking and practice in Pakistan. It is argued that the country reflects a general malaise of post-colonial societies characterized by tension between the locus of power in the politico-administrative machinery and the source of legitimacy in the constitution. In the post-independence period, the State increasingly absorbed pressures from the newly enfranchised public, which sought to reshape politics in pursuit of nationalist goals. The institutional-constitutional framework of the post-colonial state was ill-equipped (...) to accommodate much less to sponsor and pursue these goals in earnest. This led to a general accusation of institutional decay, leading to a crisis of democracy. The inherent institutional imbalance between bureaucracy and politicians in Pakistan made a mockery of such constitutional provisions as parliamentary sovereignty, procedural and substantive aspects of the legislative process at the federal and provincial levels and the principle of the government’s accountability to its public representatives. (shrink)

Due to the persistent rise of extremism, democrats in recent years have been exploring old and new possibilities of democratic self-defence. This article explores an unconventional and little known alternative to militant democracy that places the demos at the centre stage of the struggle against extremism. Through a neo-procedural reinterpretation of ancient ostracism and modern-day recall, I suggest that citizens should have rights of democratic de-selection of elected parties and candidates. I argue that, if properly designed, such a mechanism of (...) de-presentation distributes the burden of democratic self-defence among citizens and creates a bottom-up majoritarian resistance to anti-democratic threats, without compromising free parliamentary mandate or minority rights. (shrink)

This article investigates the relationship between popular sovereignty, populism, and deliberative democracy. My main thesis is that populisms resurrect the polemical dimension of popular sovereignty by turning “the people” against the “powerbloc” or the “elite”, and that it is crucial thatthis terrain not be ceded to authoritarian distortions of this basic contestatory grammar. Furthermore, I contend that populist forms of politics are compatible with a procedural and deliberative conception of democracy. Ifirst engage with the assumption that populism and a procedural (...) model of democracy are incompatible, demonstrating that this assumption relies on a conservative bias which tiesthe exercising of communicative power to a “duty of civility”. I then engage with radical-democratic reconstructions of the procedural notion of popular sovereignty which emphasize the unleashing and diversification of peoplehood in communication circuits and the mutual permeability of constitutional politics, parliamentary legislation, and the public sphere. Thirdly, I conclude that populisms are an essential part of communicative power in modern democracies and part of its dialectical structure. (shrink)

It is unquestionable that the European Parliament has contributed to the creation of a community policy in environmental matters and has given all its support to the first initiatives of the Community in thisrespect. Furthermore, it has adopted a series of specific resolutions. The European Parliament has not had a decisive infiuence, however, in the implementation of the Action Programme of the Community by the adoption of directives. Although the Commission generally approved suggestions made by parliamentarians, the Council hardly ever (...) followed them through. Through the procedure of parliamentary questions, possibly followed by the adoption of a resolution, the Parliament has nevertheless contributed to making a number of problems known. In future, strengthening of the moral «authority» of the European Parliament by the very fact of its being directly elected seems to be of crucial importance. On the other hand it is conceivable that a great number of procedural changes in the Community can and must further the development of the European Parliament's role in environmentalpolicies. (shrink)

This article responds to critical reflections on my Beyond Presidentialism and Parliamentarism by Sarah Birch, Kevin J. Elliott, Claudia Landwehr and James L. Wilson. It discusses how different types of representative democracy, especially different forms of government (presidential, parliamentary or hybrid), can be justified. It clarifies, among other things, the distinction between procedural and process equality, the strengths of semi-parliamentary government, the potential instability of constitutional designs, and the difference that theories can make in actual processes of constitutional (...) reform. (shrink)

The splitting of the Belgian Socialist Party into two autonomous parties for Flanders and Wallonia in 1978 stressed the earlier observed trend to abandon the procedure of internal pre-elections for the purpose of composing the parliamentary candidate-lists.The technique of the so-called party-polls is welt respected in the French speaking socialist party, but almost completely abandoned in Flanders, where it has been replaced by arrondissemental congresses. Besides, members' participation in these polls, if organised, is rather low.

Stefan Kisielewski’s intellectual struggle with Polish communism: Stefan Kisielewski a Polish novelist, composer, music critic, essayist, feature writer and a politician, was an exceptional personage in post‑World War II Poland. In his features, published in Tygodnik Powszechny since 1945, in a light, ironic and allusive way to prevent censorship, he described the Polish reality that his readers were acquainted with, in a way that revealed the real causes of the phenomena he observed. The truth was simple: the communist reality was (...) the result of politico‑economic system that was imposed based on a Marxist theory of economy. Kisielewski’s criticism of communism was not just a matter of a keen observation and sensible conclusions; it was based on his studies of Marxism that he began before World War II. In turn, in Wilhelm Röpke’s Die Gesellschaftskrisis der Gegenwart, he found an accurate characterisation of the socialist economy and an explanation for its non‑functioning. The second important reason for his criticism of communism was Kisielewski’s Catholicism, which operated as a counter‑balance to Marxism, combined with the idea of a liberal‑democratic regime. In his later years, Kisielewski criticised the social teachings of the Catholic Church, and suggested a new idea that they were based on “the theology of profit” as an ideological justification of the attitudes necessary for the functioning of the market economy in Poland. He even suggested the implementation of a dictatorship to avoid long parliamentary democratic procedures, and in this way to establish a quick and effective market economy on the ruins of socialism. (shrink)

The paper describes the state and local parliamentary activity of Marcjan Ścibor Chełmski, one of the most interesting parliamentarians in the Polish-Lithuanian Commonwealth of the 17th century. The text is based on archival research including the Parliament manuscript diaries, private correspondence describing the debates; published sources: instructions, parliamentary resolutions, memoirs; and studies of the history of parliamentarism, on top of the functioning of the political elite and the circulation of information. M.S. Chełmski came from a family with a (...) strong tradition of public service settled in the Krakow province. He began his career as a parliamentarian by being elected to the Sejm in 1613, and later sat in the Parliaments of: 1616, 1618, 1619, 1620, 1621, 1625, 1626/I, 1626/II, 1629/I, 1629/II, 1631, 1632, 1633, 1634, 1635, 1637/I, 1637/II and 1638. He was one of the MPs who usually had a strong presence in the Chamber of Deputies. During the debates he addressed the issues of noble freedom in the spirit hostile to absolutum dominium, economic issues, procedural issues, and religious freedom. The collected source material confirms Chełmski’s great public activity in Lesser Poland and the evolution of his political stance at the Sejm from an oppositionist during the reign of Sigismund III Vasa to a moderate supporter of the royal court. Sources indicate that Chełmski had a reputation as an esteemed legal expert. He held the dignity of Marshal of the Crown Tribunal. For over 30 years he was one of the most active participants of the local parliament life in the Krakow province. The evolution of Chełmski’s political stance during the reign of Władysław IV Vasa resulted in his nomination for a prestigious office of the Chamberlain of Krakow. (shrink)

_In this article we justify why justice ought to be considered in scenarios of energy transitions, stipulate what dimensions should reasonably be considered, and investigate whether such considerations are taken in Swedish parliamentary debates on energy policies. Through interviews we investigated how Swedish parliamentary politicians think through justice in energy transitions, providing a practical perspective. We conclude that while there is some overlap between minimal conditions for energy justice and the issues brought forward by Swedish politicians, several issues (...) are omitted. Examples include procedural justice and recognizing Sámi interests. On the other hand, principles of energy justice omit economic issues, which are however often brought up by respondents. It can be argued that justice issues, and not only the technical and economic issues that currently dominate the political debate, should be considered in energy transitions. It is therefore unfortunate that questions about justice are not adequately recognized by Swedish members of parliament, as outlined here by interview results. Stronger conclusions would require more empirical work, but the article points out several discrepancies between the topics discussed in the research literature on energy policies, and the topics discussed by elected parliamentarians having a specific focus on energy policies. _ _Keywords_: energy justice; energy transitions; Swedish energy policies; climate justice. (shrink)

Whether or not Marxism leads straight to authoritarianism and the destruction of individual liberty is a question which has long exercised both theorists and politicians. This paper deals with a narrower, though related issue: Is Marxism actually reconcilable with radical democracy, the type of democracy advocated by those, including Marxists, who berate the iniquities and hypocrisy of parliamentary liberalism? The answer, according to my paper, is no. The Marxist tradition contains four characteristic features which tend to contradict the participatory (...) procedures most Marxists profess to desire. These features are: (1) the view of Marxism as a science, yielding objective solutions to social and political dilemmas; (2) the messianic aspiration for a society of perfect unity; (3) the belief that human rights are not independent moral norms but so much bourgeois ?ideological nonsense? (Marx), expressing the antagonistic relationships of the capitalist regime; and (4) hostility to the market mechanism, which results in a preference for a totally planned economy. Marxism, unless revised beyond recognition, would seem, paradoxically, to be more congruous with the élitist, constricted type of democracy we have in the West than with the more egalitarian mode of decision?making defended in the writings of Marx himself. (shrink)

In the first part, the author characterizes the fundamental contents (principles) of the constitutional state. In the second part, he describes the necessary reforms both at the level of the national constitutional state and at the global and humanity level. In the third part, he examines the methods and procedures of reform in the constitutional state, analysing: a) constitutional formation or complete revision; b) constitutional amendments or partial revision; c) parliamentary constitutional legislation; d) constitutional interpretation; e) government and non‐governmental (...) “outlook” commissions. (shrink)

Consent plays a vital role in every aspect of medicine and surgery, facilitating the patient in making informed decisions about their treatment. The recently published Reference Guide to Consent, by the Department of Health (DH), notes that, although not a legal requirement, the completion of consent forms is good practice, particularly in interventions such as surgery. In addition, the Parliamentary and Health Service Ombudsman noted that a significant number of complaints about consent involved the complainant feeling that they did (...) not fully understand what was going to happen. It was often found that there was no documentation to clarify what the patient was told, when and by whom. We have performed an audit of 71 randomly selected consent forms, elective and trauma cases within our district general hospital orthopaedics department. Our data demonstrate that a significant number of consent forms were incorrectly or insufficiently completed. This could not only leave the patient confused about their procedure but also leaves the doctor open to litigation, with little in the way of documentation support. Minor changes in consenting methods and more precise documentation could significantly improve patient experience and satisfaction. (shrink)

This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some (...) of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law. (shrink)

Opening up as many sources of information as possible is particularly conducive to the development of workable policy plans and to efficient decision-making in a democratic political system. It follows that MPs can greatly benefit from using computerized information systems.As far as the parliamentary activities are concerned, we can distinguish between internal and external information flow. The contents of the parliamentary documents, the procedure for processing them and the information on the parliamentary control are part of (...) the internal information flow. The external information on the other hand refers to the relations between the MPs and the executive and the judiciary branches, supranational and international institutions as well as the library.To date, the House of Representatives has been the only assembly that has set up a computerized information system. The data bases of the House comprise : the parliamentary documents and the state of advancement of all proceedings linked to these documents until the publication of the text in the official state journal. Other databases relate to the parliamentary control : interpellations, motions, oral questions and the entire text of the written parliamentary questions.The record of the House will also be stored in a data base giving references. The library fund has been integrated in the interlibrary network DOBIS-LIBIS. A data base was also designed for the press information, and linked to an image processing system.What has been realized in the House to date must also be feasible for the other parliamentary assemblies. Viewed from that perspective, it seems advisable that data bases be centralized in one parliamentary information DP centre. Access to this centre should be particulary user-friendly and uniform, so much so that all MPs can make maximum use of it.The system set up by the House meets with an ever increasing demand from other possible users. In this context, attention should be drawn to the interconnection of this system with other parliamentary assemblies, the extension of the system to other users in the House ofthe MPs and the external access to the system via the telephone network: direct access for the universities, and for certain public and private institutions and individual MPs, and the BISTEL and/ or VIDEOTEX access.The majority of the public data bases linked to the telephone network can be interrogated via the BISTEL system, hut many interesting applications are not accessible via the telephone network as they function in closed circuits.Opening up data bases by linking them to the telephone network, implies that the problem of cost and privacy be carefully examined. As to privacy, we should reflect on the public or confidential character of the data and its consequences, on safeguarding the information stored in the system and on the evolution ofcommunications technology from the perspective of a continental European communications network. (shrink)

The Belgian Auditor's Office is not competent to judge good management. Parliamentary initiatives have been taken to extend its competence towards an efficiency, effectiveness and economy control. Up till 1985 the Belgian budget was drawn up according toa classification system with insufficient regard for the application ofmanagement objectives to budgetary allocation. Based on notions originating from the P.P.B.S. system the budget is drawn up now by programmes assigned to organisation divisions. In the future the parliamentary budget procedure (...) could be transformed into a ratification of the General Budget of Expenses and a supervision of the execution of the departmental budgets. The General Budget will contain the programmes. A similar system offers the external controller a better management and control instrument.An efficiency control exists in various farms in Germany, Great-Britain, Ireland, the Netherlands, France, Spain and Canada. The European Auditor's Office evaluates good financial management too. (shrink)

Various causes are responsible for the important absenteeism which prevails in the public sessions and committees of the legislative assemblies: the various activities to be accomplished by Representatives andSenators outside Parliament are more and more numerous and time-consuming.However, they cannot afford to neglect these since they favour the contacts indispensable for re-election. Additionally, absenteeism can be explained by the M.P.s' lack of interest for debates which they consider insignificant, either because these are too specialized, or because they concern matters largely (...) aired by the media before being submitted to Parliament, or because they cover political choices already made.Within the parliamentary institution there are means to reduce this absenteeism. It would be appropriate to reduce drastically the number of public sessions of the Assemblies and to multiply the written proceedings. It is important to make use of the existing procedures such as permanent sections, as these are better adapted than the large assemblies to the requirements of contemporary parliamentarism. Finally, it is necessary that group leaders and commission presidents should be more vigilant to absenteeism in the commissions, because it impedes correct and functional parliamentary work and can in no manner be justified. (shrink)

In the quest for a workable ideal of democracy, the systems approach has recently shifted its perspective on deliberative democratic theory. Instead of enquiring how institutionalized decision-making might mirror an ‘ideal deliberative procedure’, it asks how democracy might be construed as a ‘deliberative system’. This leads it to recommend de-emphasizing the role of parliament and focusing instead on non-institutionalized actors and communications. Though this increased emphasis is undoubtedly warranted, the importance of parliament must not be downplayed. In the debate (...) about transnational democracy – and about EU democratization in particular – it is widely held that making democracy safe for transnational politics entails finding new, non-parliamentary ways of organizing it. Here, the deliberative systems perspective may be misunderstood as offering an alternative, non-parliamentary route to transnational democracy. This article argues that a deliberative system without a parliamentary legislature is tantamount to deliberation without democracy and that an elected parliamentary legislature is constitutive of democracy as a deliberative system – national or transnational. To substantiate this claim, the article suggests looking at Habermas’ discourse theory in a new light, as a sociological-reconstructive approach that aims to explicate the cognitive dimension of modern democratic decision-making. Acknowledgement of discourse theory’s sociological intent enhances our understanding of democracy as a deliberative system in two important ways. First, it helps elucidate the epistemic meaning of democracy differently from the accounts given in alternative theories. Discourse theory holds that what generates democratic legitimacy in modern democracies is a particular epistemic quality which the democratic process lends to decisions by enabling citizens to view the latter as valid outcomes of a cooperative practice of collective problem-solving among equals. From this pragmatist understanding it follows, second, that the presence of a parliamentary legislature is crucial to the establishment and operation of democracy as a deliberative system. (shrink)

ABSTRACT Legislative sovereignty is often discussed with one eye on the past and one eye on the procedural functions of law-making in the present. This limits the scope for a conceptual understanding of legislative sovereignty and hinders its theoretical progress. This article argues that legislative sovereignty contains within it the concept of an idol and that understanding the scope and impact of the idol of sovereignty is necessary for future development in this field. Theories from Kant, Nietzsche, von Mises and (...) Derrida are used to offer a divergent critique of legislative sovereignty while the author calls for a move towards a nuanced view of legislative and Parliamentary Sovereignty to account for its idolism. The key factor preventing the development of a truly nuanced and reflective theory of sovereignty is the devotion to former idols which are inoperable and inconsistent with modern geopolitical, inter-state relationships. The author also argues that our knowledge of sovereignty is synthetic a priori and that development in this area can only be by reason, as knowledge derived experientially is subject to the Kantian Transcendental Idealism. (shrink)

Whereas mainstream theories of environmental art and sustainable development consider art as a domain suitable for the application of environmentally friendly procedures, such as the circular economy, trash management and digitization, this research article focuses on the internal development of the autopoetic and self-referential art machine, which generates an art-specific sustainability. The circular environmental economy coexists with the circular art economy, which implies changes in the aesthetics and poetics of the artwork; it deploys upcycling to use art trash in creating (...) a new, higher value object. Art-specific sustainability contributes to the power and complexity of the art machine with new conceptual interventions and devices. These devices allow art to resist threats from other fields and to redefine itself. As sustainable development agendas of international organizations take into account the social, political, and economic initiatives that promote ethics, inclusion, and tolerance, this article discusses the contributions of contemporary environmental art to expanded concepts of the political and science. In particular, art activism, in cooperation with civil society, can be an important driver in areas that parliamentary politics overlooks. (shrink)

This article proposes that Deleuze’s psychoanalytically inspired theory of humour and irony provides an underappreciated way to theorize acts of resistance that adopt a structurally perverse position towards a law or authority. In his books Coldness and Cruelty and Difference and Repetition, Deleuze explains that the law is susceptible to two kinds of subversive procedure. The first, which he calls irony and which he aligns with sadism, reveals a gap between the law and its principles. The second, which he (...) calls humour and which he aligns with masochism, exposes a gap between the law’s interdictions and their consequences. For Deleuze, humour and irony harbour the potential to overturn or overthrow the law. Drawing on Lacanian psychoanalytic theory and contemporary examples – alt-right ‘free speech’ demonstrations in the United States and protests surrounding Russia’ s 2012 parliamentary elections – the article argues that Deleuze overstates the transformative potential of perversion. Nevertheless, his account remains useful for showing the circuitous routes that some subjects take to enjoy their position within the law. Given the global rise in right-wing authoritarianism in recent years, this may prove to be an important insight. (shrink)

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient (...) must give “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)

In the period 1950-1975 many proposals were introduced in the Belgian parliament by members of parliament as welt as by the cabinet, concerning the electoral system : proposals in relation to the electorate, concerning the eligibility, the electoral procedures, and the proportional system.Very few of these proposals came through : half of them starting from an initiative of a MP and half of them coming from the cabinet, mostly preceded by a parliamentary initiative. The amount of change introduced in (...) the electoral system is, except for the lowering of the age of franchise and the reallotment of seats, small. (shrink)

This conceptual paper considers the practice implications of assisted dying for contemporary nursing practice within the United Kingdom in response to the publication of a parliamentary report leading to a private members’ bill that will form the basis of a debate and possible change in legislation. A recurring theme within the nursing research is how nurses should respond to patients expressing an interest or making a request for assisted dying. This paper explores contemporary evidence and argues that the (...) class='Hi'>procedure of assisted dying is a complex (manifold) and puzzling (paradoxical) practice. The UK nursing profession may replicate recent healthcare catastrophes if the response to a proposal for assisted dying is based on a technical-rational stance, or if nurses merely coalesce around a single determinant such as patient autonomy. The paper presents two nursing communicative interventions that seek to address how to respond to a patient request for an assisted death that foregrounds the preferences and personhood of the patient whilst providing opportunities for enquiry-based approaches to enhance nursing responses to intractable suffering. (shrink)

This paper examines the different discourses adopted concerning the climate change-migration nexus within the European Parliament (EP). It uses a critical discourse analysis approach to analyse a specific motion for resolution report, its amendments, and plenary debates, as well as an expert interview with the rapporteur to gain further insights into the political dynamics and challenges involved in the process. An own-initiative report is chosen for the analysis to reveal conflicting discourse-making processes between various political groups within the EP and (...) to better understand the role of the EP in the legislative branch of the European Union. It is found that political ideology plays an influential role. Even though political groups agree on the aims of the report, they constantly debate and use amendments to change content and extent. Therefore, we claimed that political discourses in a parliamentary setting should be analysed by specifically evaluating diagnostic, prognostic, and motivational arguments of discourses. (shrink)

This article analyses the election of the Speakers of both houses of the Belgian parliament, the House of Representatives and the Senate, in the period 1918-1974. According to the Belgian constitution, the election of the Speaker is a competence of each house. As can be expected in a system of parliamentary government, the Speakers belong to the government majority, as they did already before 1914. But with the disappearance of a homogeneous majority and the need for cabinet coalitions after (...) 1918 - result of the proportional representation - someeffects which tended to erode parliamentary autonomy more substantially occurred. At several occasions the election of the Speakers was postponed until the result of cabinet formation was known. In addition, the coalition parties had to make an agreement for the partition of the two Speakers' positions. The coalition practice also affected procedure. Since agreements were less easily implemented in a secret ballot, the provisions of the parliamentary statute were put aside for an election by acclamation to strengthen party discipline. In this context a further shift in the election process occurs: from the parliamentary groups to the party leadership. Eventually, the appointment of the Speakers becamepart of the cabinet formation itself. This practice appears to be firmly established in the 1970' and has been criticized severely. It can be considered one aspect of the decline of parliaments in this period. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” (...) but must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

Emerging from the growing swell of recent literature concerning Kant's practical philosophy, one interpretation of his procedure for testing maxims has crested above others. The influential interpretation to which I refer believes that the categorical imperative guides a procedure that finds maxims impermissible when they cannot be universalized without producing a 'practical' contradiction. As a major proponent of the practical contradiction interpretation, Christine Korsgaard claims that, while there is textual support for this point of view, she is more (...) concerned with developing a defensible interpretation of maxim testing for a ‘Kantian’ system of morality. Accordingly, one cannot simply attempt to evaluate such a theory solely by considering its various incongruities with Kant's specific claims and arguments. Instead, my evaluation of the practical contradiction interpretation will examine: whether it is a procedure that is applicable to a full range of maxims; whether it maintains a distinct advantage over the alternative readings; and whether it is an internally coherent and consistent model for testing maxims. I propose, here, that regardless of the practical contradiction test's many advantages, it fails with regard to all three of these questions. (shrink)

Musical Group Interaction (MGI) has been found to promote prosocial tendencies, including empathy, across various populations. However, experimental study is lacking in respect of effects of everyday forms of musical engagement on prosocial tendencies, as well as whether key aspects—such as physical co-presence of MGI participants—are necessary to enhance prosocial tendencies. We developed an experimental procedure in order to study online engagement with collaborative playlists and to investigate socio-cognitive components of prosocial tendencies expected to increase as a consequence of (...) engagement. We aimed to determine whether mereperceivedpresence of a partner during playlist-making could elicit observable correlates of social processing implicated in both MGI and prosocial behaviors more generally and identify the potential roles of demographic, musical, and inter-individual differences. Preliminary results suggest that for younger individuals, some of the social processes involved in joint music-making and implicated in empathic processes are likely to be elicited even by an assumption of virtual co-presence. In addition, individual differences in styles of listening behavior may mediate the effects of mere perceived partner presence on recognition memory. (shrink)

The well-known classification of legal procedure into “four feet” presents certain conceptual problems for the Indian legal tradition that various Smṛtikāras and commentators have attempted to resolve in different and sometimes contradictory ways. These difficulties arise because the four feet originally referred in Indian legal theory to four distinct, hierarchical legal domains rather than procedural means for reaching a verdict. The earliest attested discussion of the four feet, found in Kauṭilya’s Arthaśāstra, indicates that early legal theorists understood the greater (...) legal order as being comprised of four hierarchical domains and that these domains were ordered by the state as expressed in the original formulation of the four feet. Among the four legal domains, that of vyavahāra was developed by the state itself as a realm of public, transactional law meant to address disputes that could not be resolved in other legal forums. From this we can conclude that the origin of Indian jurisprudence lies with state efforts to formalize and enforce the laws of public transactions. The reinterpretation of the four feet by later jurists was motivated perhaps by resistance to one of the fundamental relationships expressed in the four feet, namely that royal authority possessed the greatest legal authority, independent of Brāhmaṇical law. (shrink)

I show that propositional intuitionistic logic is complete with respect to an adaptation of Dummett’s pragmatist justification procedure. In particular, given a pragmatist justification of an argument, I show how to obtain a natural deduction derivation of the conclusion of the argument from, at most, the same assumptions.