This book provides an important addition to the debate about the nature and normative basis for the United Kingdom's constitutional ordering. It combines a strong argument against moves to adopt forms of "legal constitutionalism" with a defence of the country's existing "political constitution", one sourced in the ideals of republican government. This critical review explores the structure of Tomkins' claims, and raises three questions about how they might apply to certain aspects of the United Kingdom's constitutional order: the (...) place of a republican United Kingdom in an increasingly integrated Europe; the place of the courts in a republican constitutional order; and the role of political parties in a republican parliament. (shrink)

Within Kant’s own writings, it is complicated by the further tension between his pedagogy and his moral philosophy. When one sees Kant’s conception of character as a systematic connection between these three aspects of his philosophy, light is shed on the role and limits of the pedagogical function of the republican constitution. Thereby, too, the inherent limit of the extent to which perpetual peace, practically defined, can be a political goal effected by political means is unveiled.

The Belgian Constitution of 1831 marked a decisive step in the continental evolution from Restoration constitutional monarchy, based on the monarchical principle, towards the establishment of parliamentary constitutional monarchy. At the time, the new balance of power desired by the Belgian revolutionaries was captured by the phrase ‘republican monarchy’. It is remarkable that this concept, despite being so central to the founding fathers’ deliberations, has hardly been commented upon by later historians and public lawyers. This article aims to (...) reconstruct the origin, meaning and uses of this concept in the context of the 1830 revolutionary wave. French revolutionary veteran general Lafayette was responsible for popularizing republican monarchy in the July Revolution, although the term’s origins went back to eighteenth-century debates on the reform of absolute monarchy. Lafayette used it to summarize the institutional demands of the republican movement vis-à-vis king Louis Philippe. Its transnational migration to the Belgian context subsequently entailed a shift in meaning which will be charted through an analysis of the Belgian constituent and public debates. Finally, the reasons for the concept’s sudden disappearance from the political stage will be addressed. (shrink)

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by (...) the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws. (shrink)

Neo-Republicans claim that Hobbes’s constitutional indifferentism (the view that we have no profound reason to prefer one constitutional form over another) is driven exclusively by a reductive understanding of liberty as non-interference. This paper argues that constitutional indifferentism is grounded in an analysis of the institutional presuppositions of well-functioning government that does not depend on a conception of liberty as mere non-interference. Hence, indifferentism cannot be refuted simply by pointing out that non-domination is a distinctive ideal of freedom. This result (...) does not suffice to defend the strong version of indifferentism put forward by Hobbes. But it does point to an important limitation of neo-republican constitutional theory: Neo-republicanism will amount to a distinctive paradigm of constitutional thought only if it is understood in a way that conflicts with Hobbes’s understanding of the institutional presuppositions of well-functioning government. It is doubtful that we have good reason to embrace neo-republicanism, so understood. (shrink)

When the first Conte government began converting the Five Star Movement and Lega’s manifestos into expenditure items for the 2019 budget law, it quickly became obvious that Italy’s macroeconomic po...

The article presents a plebeian strand of republican constitutional thought that recognises the influence of inequality on political power, embraces conflict as the effective cause of free government, and channels its anti-oligarchic energy through the constitutional structure. First it engages with two modern plebeian thinkers – Niccolò Machiavelli and Nicolas de Condorcet - focusing on the institutional role of the common people to resist oppression through ordinary and extraordinary political action. Then it discusses the work of two contemporary (...) class='Hi'>republican thinkers – Philip Pettit and John McCormick – and contrasts their models of ‘contestatory’ and ‘tribunician’ democracy. Finally, I incorporate a political economy lens and propose as part of republican constitutionalism not only contestatory and tribunician institutions but also anti-oligarchic basic rules to keep inequality and corruption under control. (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers (...) treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian (...) element is required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative freedom (...) by reducing overall interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

Recent work in republican political theory has identified various forms of domination in the structures and relations of capitalist societies. A notable absence in much of this work is the concept of exploitation, which is generally treated as a predictable outcome of certain kinds of domination. This paper argues that the concept of exploitation can instead be conceived as a form of structural domination, understood in republican terms, and that adopting this conception has important implications for republican (...) attempts to theorize modern capitalist societies. Building on existing domination accounts of exploitation, we argue that exploitation is a form of structurally constituted domination that enables a systemic illegitimate extraction of value. However, in contrast to competing accounts, domination is understood here in the republican terms of subjection to arbitrary power. We show that conceiving of domination in these terms not only makes the concept easily accessible from within a republican framework, but has advantages over competing accounts. Our argument also demonstrates why using the concept of exploitation will be useful for republican theorists. We show that a polity based on exploitative relations of production is antithetical to key republican commitments. These asymmetric power relationships undermine the economic and political independence of citizens and, crucially, constrain the political and economic ends that a polity will be effectively able to pursue. As such, exploitation should be a central preoccupation of republican political economy. (shrink)

This paper reassesses Sismondi's Nouveaux principes d?économie politique (1819) by locating the origins of his unorthodox political economy in the republican tradition of thought. Deeply influenced by both Smith and Rousseau, Sismondi first expounded his republican creed in a political treatise, Recherches sur les constitutions des peuples libres (1797?1801). He was in favour of a balanced constitution combined with public virtue. Sismondi's major historical work, the Histoire des républiques italiennes du Moyen Age (1807?1818), amounts to a tribute (...) to the liberty and patriotism brought about by republican governments. After a brief examination of De la richesse commerciale (1803), the third section of the paper is devoted to a close analysis of the Nouveaux principes. The foci of interest are Sismondi's views on property, commercial wealth, work and leisure, division of labour, consumption and luxury, paper money and public credit, and citizenship. The paper concludes by suggesting that Sismondi managed to transform Genevan republicanism into a set of ideas which has nourished economic radicalism up to the present. (shrink)

This article relates the evolving relationship between republicanism and the problem of ‘empire’ to the changing social contexts within which republican political theory emerges in the early modern period. It is argued that the initial antagonism between republicanism and empire was a politically constituted dilemma that related to the specific configuration of economic and political power characteristic of pre-capitalist societies. With the development of capitalism in England in the early modern period, the problem of empire becomes partially resolved due (...) to the way in which the separation of economic and political power under capitalism reconstitutes the nature of empire itself. This new social context — characterized by new social, economic and political relationships specific to an emerging capitalist context — laid the foundations for the resolution of the ‘republican dilemma’ of empire and the ideological establishment of the first ‘Republican Empire’ in 18th century America. (shrink)

The basic income proposal provides everyone in a society, as an unconditional right, with access to a certain level of income. Introducing such a right is bound to raise questions of institutional feasibility. Would it lead too many people to opt out of the workforce, for example? And even if it did not, could a constitution that allowed some members of the society to do this – at whatever relative cost – prove acceptable in a society of mutually reciprocal, (...) equally positioned members? I assume in this short essay, however, that none of these problems is insurmountable. I concentrate on the question of how far republicanism makes room for justifying something like a right to basic income, assuming that there are no problems of this kind with introducing and establishing such a right. Any satisfactory argument for a basic income should satisfy two desiderata. First is that of adequacy: the argument should establish a right to an intuitively.. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian (...) element is required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

The early nineteenth century saw the demise of the Italian-Atlantic tradition of republicanism and the rise of classical liberalism. A distinct Franco-German tradition of republicanism emerged from the time of Jean-Jacques Rousseau and Immanuel Kant, which differs from the older way of thinking associated with neo-republicanism. This chapter examines the key differences between the Italian-Atlantic and Franco-German traditions of republicanism and places them in a historical context. It first considers classical republicanism and how the ideological ideal of equal freedom as (...) nondomination differs from the twin institutional ideals of a mixed constitution and a contestatory citizenry. It then looks at the classical liberal opposition that arose in response to Italian-Atlantic republicanism. It also discusses the views of Kant and Rousseau about freedom and the role of the citizenry, as well as their theory of the constitution. The absolutist opposition in Jean Bodin and Thomas Hobbes to the institutional ideals of republicanism is also explored. (shrink)

In On the People’s Terms, Philip Pettit incorporates the Sieyèsian notion of constituent power into his constitutional theory of non-domination. In this article, I argue that Emmanuel Sieyès’s understanding of liberty precludes such an appropriation. While a republican, his conceptualisation of liberty in the face of commercial society stood apart from theories of civic vigilance, preferring instead to disentangle individuals from politics and maximise what he understood to be their non-political freedoms. Sieyès saw that liberty was heightened through relations (...) of representation and commercial dependency. This conception of liberty was pivotal to the identity of the nation, and so allowed Sieyès to assess forms of collective injustice committed by the French nobility. It also provided the normative foundation of his theory of constituent power. For Sieyès, constituent power guarded against legislative excess in a decidedly minimal sense, intending instead to separate citizens from the political sphere so they were not burdened with ongoing participation or public vigilance. (shrink)

Republican sacrifices held at the Tarentum in the Campus Martius constitute part of the lineage of the imperial ludi saeculares. Through an investigation of fragmentary and sometimes corrupt historical texts pertaining to the ludi saeculares, especially Verrius Flaccus, Varro, Valerius Antias, Valerius Maximus, Zosimus, and Plutarch, this article demonstrates that the Tarentum sacrifices were originally called ludi Tarentini, and were a cult of the Valerian gens that came under civic supervision in 249 bce. These ludi Tarentini were not associated (...) with the concept of performance once per saeculum until Augustus created the ludi saeculares from Republican models in 17 bce. (shrink)

The Platform of the U.S. Republican Party in 2012 contains a promise to overturn the landmark Supreme Court decision, Roe. v. Wade, that laws prohibiting abortion are incompatible with the constitutional right to privacy of pregnant women. The Republican vice presidential nominee, Congressman Paul Ryan, opposes that decision as a matter of conviction. Congressman Ryan says that human life begins at conception, though he adds that abortion should be legal if a woman's pregnancy results from rape or incest, (...) or if the life of the mother is at stake. Despite his reputation among Republicans as an astute thinker, Congressman Ryan's reasoning about abortion is faulty. (shrink)

Republics Ancient and Modern: The Ancient Regime in Classical Greece, by Paul A. Rahe.Chapel Hill: The University of North Carolina Press, 1994. 380 pp. $22.95.Republics Ancient and Modern, Vol. II: New Modes and Orders in Early Modern Political Thought, by Paul A. Rahe. Chapel Hill: The University of North Carolina Press, 1994. 490 pp. $24.95.Republics Ancient and Modern, Vol. III: Inventions of Prudence: Constituting the American Regime, by Paul A. Rahe. Chapel Hill: The University of North Carolina Press, 1994. 380 (...) pp. $19.95. (shrink)

Emergency powers are widely held to have contributed in important ways to the Roman Republic's demise and to the erection of the Principate. The debate waged during the late Republic over such powers is certainly one of the most prominent features in late Republican political thought and controversy, and it would be hard to overlook the fact that it was a debate over constitutional principle. Taking seriously the constitutional character of that debate, this article seeks to answer the question (...) of whether it makes sense to attribute to the Roman Republic something like the concept of a constitution in the first place. It is argued that on the level of political thought the term 'constitution' can indeed profitably and accurately be applied to a set of rules that were thought both to be more entrenched and to be more important than other rules. Thus it makes perfect sense to speak of a Roman Republican constitution, without scare quotes, at least in the realm of political thought. Furthermore it is suggested that it makes sense to speak of a Roman republican constitution in the realm of institutional reality as well since political and more specifically constitutional thought informed and influenced some of the republican institutions and their functioning to a considerable extent. (shrink)

The Other Machiavelli is a unique compendium of the Florentine political thinker's writings on liberty and self-government. The selections, drawn from the Discourses and Machiavelli's other "republican" writings, are conveniently organized on the basis of subject matter. As such, The Other Machiavelli constitutes a much-needed corrective and companion to "The Prince.".

Neo-republicans position James Harrington as a seminal figure in a tradition that asks what set of institutions grant the individual freedom from domination. This article argues that th...

Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance. Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is (...) the importance of the orthodox realm of the criminal law solely or mainly explained by the wish to protect people from domination? In short, the answer is that it is not. Across the board, the criminal law rightly protects us equally from threats to what Pettit calls ‘effective,’ as opposed to formal, republican freedom. I will develop my critique of Pettit’s account of criminal law, in part to raise questions about the role of ‘domination’ in political theory, and about whether it poses a significant challenge to liberal accounts of criminal law. (shrink)

Economic globalization has resulted in the transfer of national power to supranational actors and their supranational procedures and institutions. Concomitant with this trend is the ascendancy of the discourses of democracy and human rights that have given rise to the idea of cosmopolitan justice. These trends, in turn, have weakened statehood [ Entstaatlichung ], requiring theoretical envisioning and practical institutionalization of a supranational model of political association. Among the competing theories, in this article I will defend the Kantian project of (...) constitutionalization of international law. In doing so, I take the doctrine of constitutional patriotism as an appropriate model of supranational political association in the European Union and defend it against the republican critique that rejects the idea as deficient. I argue that the European project of constitution-making can overcome the charges of democratic deficit and the lack of European demos by establishing the terms and conditions for democratic negotiation and institutionalizing shared practices of law-making. Key Words: constitutional patriotism • democratic deficit • the European Union • nation-state • supranational political community. (shrink)

This paper places Adam Smith within the long republican tradition, and offers an emancipatory reflection on the possible space of republican freedom within societies that harbour certain degrees of market activity. In doing so, it seeks to offer some criteria on the kind of political-institutional action that can be taken in modern societies in order to constitute markets that respect, and even promote, republican freedom. The paper is divided into four sections. Section 1 shows why Adam Smith's (...) ethical-political analysis, which was very influential in the shaping of classical political economy, can be presented as part of the broad republican tradition. Section 2 reflects on the possibilities for a realisation of republican freedom within markets. What I call 'commercial republicanism' is here analysed as a project for modern societies. Section 3 assesses the difficulties for commercial republicanism to unfold within capitalist societies, the structural features of which prevent individuals and groups from enjoying the kind of undominated social relations the republican tradition has always pleaded for. Finally, section 4 draws some conclusions on the epistemic and political meanings of commercial republicanism as an emancipatory project for contemporary societies. (shrink)

This article critically examines liberal accusations that, despite some differences, there are no significant divergences between liberalism and republicanism because both approaches contain instrumental accounts of certain ideals and virtues that have the effect of enhancing the overall system of freedom for individuals. This article will explore this issue by looking at a possible response to the liberal critique by building on the recent work of Philip Pettit on republican liberty as nondomination. By exploring the ideals and institutions which (...) accompany republican liberty, I will argue that within the constitutional and reciprocal power of nondomination reside certain goods and character traits which are not purely instrumental in the way that liberal critics charge. Rather, I believe that these goods and character traits are intrinsically valuable to republican citizens and help to constitute the freedom that they experience. In this article I will explore the types of virtues associated with nondomination and how they can be defended as being intrinsically valuable to republican citizens. Finally, I will also argue that, on this point, republicanism can be significantly differentiated from liberal accounts in a manner that is compelling and attractive. (shrink)

The European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy in (...) transnational polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution. (shrink)

The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)

The intellectual founding fathers of the French Third Republic were innovative thinkers who achieved an original synthesis of republican and liberal principles. This becomes evident when one examines the works of four philosophers who played a crucial role in the French intellectual and political life of the period extending from the 1870s to the early 1900s: Emile Littre, Charles Renouvier, Henry Michel and Alfred Fouillee. Among their many contributions to moral and political philosophy, I highlight two themes: a) a (...) conception of political liberty that grants a pre-eminent place to civic education as a means to free citizens from domination by dogmatic religious authorities, sectarian political movements or unexamined beliefs of any kind; b) the need to implement reasonable social reforms in order to ensure that the many and complex relations of functional interdependence constitutive of modern societies are equitable and realize an ideal of national solidarity. I suggest that these ideas ought to be carefully examined by contemporary proponents of civic republicanism. (shrink)

Scholars have recently argued that Friedrich Schiller makes a signal contribution to republican political theory in his view of “aesthetic education,” which offers a means of elevating self-interest to virtue. However, though this education is lauded in theory, it has been denigrated as implausible, irresponsible, or dangerous in practice. This paper argues that the criticisms rest on a faulty assumption that artistic objects constitute the sole substance of this “aesthetic education.” Through a reading of Schiller’s work throughout the 1790s, (...) I make the case that this “education” occurs also through an encounter with the “moral beauty” of individual exemplars. This interpretation fits with Schiller’s republican allegiances, saves Schiller’s project from political irrelevance, and enriches Schiller’s contribution to contemporary republican political theory. However, I argue that Schiller was attentive to the dangers of this “aesthetic education” in his play Wallenstein, in which Schiller dramatizes the tragic relationship between individual exemplar and political order. (shrink)

In The Republic of the Living, Miguel Vatter argues that, at the end of the 1970s, Michel Foucault did not convert to but criticized neoliberalism from a republican point of view. Neoliberal governmentality allegedly represses the capacity of human collectives to democratically govern themselves. The potential for republican self- government would then constitute the basis for an affirmative variant of biopolitics. I argue that this creative reformulation of Foucault’s oeuvre does not work as an interpretation of Foucault nor (...) as a valid critique of neoliberalism. Using the influ- ence of Georges Canguilhem on Foucault, I propose to locate the potential for affirmative biopolitics not in the collective capacity for self-government, but in the fragility of living beings in their interaction with their milieu. Because life is con- stitutively dependent on infrastructural conditions to flourish, we need a biopolitics that establishes institutions which support the sustenance of life. (shrink)

Two impulses dominated northern and central Italy in the late thirteenth century. One was the striving of cities for self-sufficiency and increased power. The other was the papal thrust toward political as well as religious overlordship. Often policies of the papacy and certain cities were linked by memories and fears of imperial interference. Ptolemy of Lucca's histories reflected his keen awareness of this situation. His more theoretical political works, the Determinatio compendiosa and the continuation of Aquinas's De regimine principum, did (...) more: they furnished remarkably supple and sophisticated ideological justifications of the views of municipal patriots and ecclesiastical zealots, and included as well stinging attacks on imperial claims in Italy. On the civic level Ptolemy was a republican, both on grounds of Italian pride and an early acquaintance with Aristotle's Politics. As N. Rubinstein remarks, “Ptolemy of Lucca's re-appraisal of the Politics constitutes the most vigorous formulation Italian communal theory had yet received by the beginning of the fourteenth century.” Ptolemy, in fact, was the first Italian republican who could justify his position in a theoretically competent way. But on the wider ecclesiastical level he was a vigorous monarchist. His Determinatio was an early and influential exposition of high papalist views, and although written about 1278, it has been called “the key to the whole vast ecclesio-political polemic of the fourteenth century.” Even by the middle of that century its arguments still seemed so contemporary that a new and extended version of it was prepared in 1342. (shrink)

The article suggests that a distinction between ‘republicans’ and ‘democrats’ more usefully describes competing constitutional and economic reformers in Restoration France than the distinction between ‘ancients’ and ‘moderns’ made famous by Benjamin Constant. It shows that Constant’s description of Rousseau as an ‘ancient’, and the blaming of his political theory for the excesses of the 1790s, is historically questionable, and masks Constant’s broader aim of bringing into disrepute contemporary strategies for the moralization of politics and commerce. Such strategies are evident (...) in the writings of Jean-Baptiste Say, and reveal the profound divide between reformers who have traditionally been described as ‘liberals’. Say and Constant disagreed about the extent to which the people could be trusted to act as political agents, about the capacity of the state to make property relations more legitimate, about religion, and the relevance of the example of Britain to French economic and political reform projects. (shrink)

While scholarship on Livy’s political thought has concentrated on the 1st decade, this article takes up the 3rd decade to argue that Livy makes the case for Republican Rome at the time of the 2nd Punic War as the best form of government. The excellence of Republican Rome is seen in its superiority to the imaginary cities of Greek political theory, and in its mixed constitution, which provides remedies for the pitfalls of the simple forms of democracy (...) and aristocracy. Livy makes the latter case through allusions to Thucydides, whose implications I draw forth to show that Livy is contrasting Republican Rome with Athens and Sparta, and comparing Scipio Africanus with Alcibiades. Livy’s claim that wisdom is to be found in the study of the past, and his preference for the concrete as a means of investigating politics, suggest that his history is a form of political philosophy. (shrink)

In this paper I take issue with and argue against a certain subordination of the political to the legal that, I argue, is advanced under theories or ‘republican constitutionalism’ and undertake a defense of the political as ‘reflexive’. In republican constitutionalism one discerns an ‘imperialistic’ legal move to set the terms of political discourse, as political conflicts in order to be legally resolved are forced to meet criteria of legal relevance: in the process much that is vital to (...) political action, its understanding and undertaking, is suppressed, elided or appropriated. I argue against the purported ‘containment’ of politics in law and for a ‘reflexivity’ that is constitutive of politics, re-introducing contingency and selfreference (‘what is political can only be a political question’) at the heart of what it means to act politically. (shrink)

This article treats the political thought of Simón Bolívar, a leading figure in South America's struggle for independence. It describes Bolívar's ideas by reference to both their broadly Atlantic origins and their specifically American concerns, arguing that they comprise a theory of `republican imperialism', paradoxically proposing an essentially imperial project as a means of winning and consolidating independence from European rule. This basic tension is traced through Bolívar's discussions of revolution, constitutions, and territorial unification, and then used to frame (...) a comparison with the founders of the United States. It suggests, in closing, that contextual similarities amongst the American revolutions make them particularly apt subjects for comparative study of the history of political thought. (shrink)

SUMMARYThis article provides the first comprehensive and historically genuine analysis of Heinrich Ludwig von Hess's pamphlet Der Republickaner. Hess was an important figure in both the German and Swedish eighteenth-century political context. Firstly, I will show that the proper historiographical context for Hess's pamphlet is Sweden. In previous historiography on the subject it has been argued that Der Republickaner was a comment on the constitutional reality of Hamburg. My article demonstrates that the original context of Hess's pamphlet was the power (...) struggle between King Adolf Frederick of Sweden and the council of the realm. Secondly, I argue that Hess's pamphlet is the most elaborate defence of aristocratic republicanism written in Sweden in the Age of Liberty. As a result, Hess's pamphlet is the fiercest attack on absolutism written in German in the eighteenth century. (shrink)

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic , Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and (...) which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty. (shrink)

I propose a theory of domination derived from republican political theory that is in contrast to the neo-republican theory of domination as arbitrary interference and domination as dependence. I suggest that, drawing on of the writings of Machiavelli and Rousseau, we can see two faces of domination that come together to inform social relations. One type of domination is extractive dominance where agents are able to derive surplus benefit from another individual, group, or collective resource, natural or human. (...) Another is what I call constitutive domination where the norms, institutions, and values of the community shape the rationality of subjects to accept forms of power and social relations and collective goals as legitimate forms of authority. Each of these make up two faces of a broader theory of social domination that is more concrete and politically compelling than that put forth by contemporary neo-republican theory. I argue that this understanding of domination should be seen as a kind of ‘radical... (shrink)

Following the Roosevelt administration’s implementation of New Deal programs in the 1930s, the federal courts began to interpret the Constitution in a way that accommodated the rise of the “administrative state,” and bureaucratic policymaking continues to persist as a central feature of American government today. This essay submits, however, that the three pillars supporting the administrative state—the congressional delegation of Article I powers to the executive branch, the combination of powers within individual administrative entities, and the insulation of administrators (...) from political control—might be reconsidered by the courts in the near future. After showing that the constitutionality of the administrative state has come under recent judicial scrutiny, the essay turns to the administrative law principle of deference, and argues that a reassessment of the Chevron doctrine seems imminent. Finally, the essay examines federal courts’ heavy use of “hard look” review as a means of curtailing agency discretion during recent administrations, and concludes that this judicial practice stands in uneasy tension with republican principles. (shrink)

-/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that allows rights to (...) be claimed under conditions of political equality.” Bellamy uses this particular model of rights to defend a somewhat unique thesis concerning the legitimacy of judicial review under a constitutional charter or bill of rights (henceforth constitutional review). Many legal theorists question whether constitutional review can ever be rendered consistent with the theoretical and practical demands of democracy. According to these theorists, democracy embodies a form of self-rule whereby the members of a society establish and exercise legitimate authority over themselves. But self-rule seems seriously compromised once constitutional review enters the picture. Instead of having the people and their elected representatives setting the basic terms of social cooperation, we have instead a small group of elite, unelected, and unaccountable judges performing this vital task. Constitutional review empowers these individuals, in constitutional review cases, to substitute their own contestable views and preferences with respect to the basic terms of social cooperation for the duly considered views and preferences of the people and those whom they have duly elected to represent them. This is something one simply cannot tolerate in a democracy. (shrink)

Abstract: The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively (...) in the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order. (shrink)