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In: Republican Democracy, p. 233-252
In: Journal of ethnic and migration studies: JEMS, Volume 37, Issue 6, p. 935-951
ISSN: 1469-9451
In: Journal of ethnic and migration studies: JEMS, Volume 37, Issue 6, p. 935-952
ISSN: 1369-183X
In: New political science: official journal of the New Political Science Caucus with APSA, Volume 27, Issue 3, p. 345-366
ISSN: 1469-9931
In: New political science: a journal of politics & culture, Volume 27, Issue 3, p. 345-366
ISSN: 0739-3148
In: Human rights quarterly, Volume 25, Issue 1, p. 74-92
ISSN: 1085-794X
The global expansion of human rights has shifted modes of political
engagement in significant ways. This article analyzes this shift as one
towards "judicial agency," where an increasingly dense web of legal rights
mediated by judicial and administrative bodies enables the individual to
bypass traditional democratic forms of political mobilization. Through
this new mode of political engagement, litigants challenge legislative
and executive authority as they cross organizational and even national
boundaries through a "nesting process," seeking judicial ways through
which they can restructure rules and norms over a range of issues. This
development is particularly marked in the European Union.
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Volume 25, Issue 1, p. 74-92
ISSN: 0275-0392
Frontmatter -- Contents -- List of Contributors -- Introduction -- 1. The Tension between Law and Politics in the Modern Republican Tradition -- 2. Impotence, Perspicuity and the Rule of Law: James Madison's Critique of Republican Legislation -- 3. Kant, Madison and the Problem of Transnational Order: Popular Sovereignty in Multilevel Systems -- 4. Republicanism and Democracy -- 5. Two Views of the City: Republicanism and Law -- 6. A Kantian Republican Conception of Justice as Nondomination -- 7. Two Republican Traditions -- 8. Freedom, Control and the State -- 9. Legal Modes and Democratic Citizens in Republican Theory -- 10. Rights, Republicanism and Democracy -- 11. Republicanism and Global Justice: A Sketch -- 12. Republicanism and Transnational Democracy -- Index