Brexit and the British Constitution: a Long View

The Brexit referendum of 2016 brought a new concept to British politics, namely the ‘people’s will’, one that is seemingly at odds with conventional notions of parliamentary sovereignty, even a threat to its very existence. This article argues that although the device of the referendum is relatively new, the kind of popular control over Parliament and the executive that it invokes has long been a part of British politics. Ranging over 200 years, examples are drawn from the recall and deselection of MPs, mass petitioning campaigns, the role of the Speaker, and the flourishing of independent parties.     

Constitutionalism and common knowledge: Assessment and application to a future European constitution

The purpose of the paper is to advocate that constitutions should be established through a contractarian process, rather than through conventions. To achieve it, they are studied from the perspective of the concept of common knowledge. We refer to its political philosophy and game theory dimensions. The making of common knowledge relates to communication and induction problems. The argument is applied to European constitutional integration, with a particular focus on administrative law.     

The New Constitutionalism,Disciplinary Neoliberalism,and the 2015 Greek Election

This article is an effort to situate the conflict between the Syriza government, elected in 2015, and Greece’s creditors in the context of broader changes in the structure of European political economy over the past quarter of a century. It explains the dynamics by which the leftist government of Alexis Tsipras shed its commitment to ending austerity through the lens of Stephen Gill’s “new constitutionalism.” While sovereign power helps show why Tsipras was unable to negotiate a new deal for Greece, two mechanisms of disciplinary power clarify different aspects of crisis politics: market reification, which obscured the role of the European Central Bank, and the reconstitution of truth claims, which led to the attribution of responsibility for the crisis to Greece itself.     

How to Win the UK Referendum on the European Constitution

Opinion polls suggest the UK Government faces an uphill task in winning the forthcoming referendum on the European Constitutional Treaty. This article provides a detailed analysis of the factors that are likely to decide the referendum outcome. Using recent survey data, we analyze the factors that influence individual-level support for the Constitutional Treaty. These results show that it is not only general attitudes towards European integration which are likely to play an important role, but also partisanship and satisfaction with the government. Given the low levels of information about the Constitution and the large number of undecided voters, the campaign itself will be crucial to the outcome. We argue that while information alone will not necessarily persuade voters, a successful campaign strategy by the yes-camp could make a decisive difference by motivating and informing voters, as well as setting the agenda for the debate.     

Gender,Citizenship, and Constitutionalism in Zimbabwe: The Fight Against Amendment 14

This article examines the nexus between gender, citizenship and constitutionalism. By using the case study of the 14th Amendment to the Constitution of Zimbabwe, I seek to illustrate how the rights of women with respect to citizenship are manipulated by the state, with this discrimination often couched under African 'culture' or 'tradition'. The article also interrogates the limitations of utilizing the courts in the struggle for gender equality, because of the patriarchal values which are upheld and promoted, often erroneously. In describing the surprising victory by civil society groups and activists in challenging both the courts and the state nationally, this piece concludes with some thoughts on how a broader struggle for gender equality is necessary in the pursuit of social justice.     

Constitutionalism,Division of Power and Transaction Costs

According to many democracytheorists, there is an unavoidabletrade-off between constitutionalism and theneed for political action. This papercriticizes that belief. Rather, it arguesthat a division of power, while sometimesentailing high political transaction costs,can nevertheless be beneficial andthat it is not necessarily the case that adivision of power does entail hightransaction costs. The analysis expands theframework of Buchanan and Tullock (1962).Constitutionalism is thus defended againstone of its main perceived deficiencies: itsbringing about gridlock. This does notalways happen, and when it does, it isoften a good thing.     

当代世界宪政发展趋势与新时期中国宪政建设的基本走向

在当代中国发展社会主义民主政治、建设社会主义法治国家的历史进程中,宪政建设对实现社会主义民主的制度化、法律化的作用和重要性日益凸显。追求宪政与民主、权力制约与有效治理之间的平衡、协调和统一,是当代世界宪政发展的主要趋势。中国新时期的社会主义宪政建设,显现出从人治向法治转变、强调秩序和稳定、重视对权力的规范和制约、加强人权保障等基本走向,这既符合当代世界宪政发展的潮流,也适应我国现阶段的实际国情和发展需要,对中国特色社会主义民主政治的健康发展必将起到有力的促进作用。     

Live Bureaucrats and Dead Public Servants: How People in Government Are Discussed on the Floor of the House

This article examines how members of Congress refer to individuals in government on the House floor. Using content analysis, floor speeches from the 103rd and 104th Congresses were examined to determine the way in which terms such as "bureaucrats" and "public servants" were manipulated in floor speeches, and the political gain members seek to achieve from these moves. The data show that the Republican takeover of Congress led to a marked change in the tone of debate, and a sharp increase in pejorative discussions of individuals in government. Republicans tended to use bureaucrats in legislative debate in their efforts to shape the debate over the size and role of government.