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Working paper
The link between revolution and sovereign dictatorship: Reflections on the Russian Constituent Assembly
In: Constellations: an international journal of critical and democratic theory, Band 24, Heft 4, S. 493-502
ISSN: 1467-8675
Democratic legitimacy and forms of constitutional change
In: Constellations: an international journal of critical and democratic theory, Band 24, Heft 3, S. 447-455
ISSN: 1467-8675
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Working paper
International Role in State-Making in Ukraine: The Promise of a Two-Stage Constituent Process
In: German Law Journal v.16 # 3 (July 2015)
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Beyond the Alternative Reform or Revolution: Post Sovereign Constitution Making and Latin America
In: Wake Forest Law Review, Forthcoming
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Political Theology and Populism
In: Social research: an international quarterly, Band 80, Heft 1, S. 143-172
ISSN: 1944-768X
Political Theology and Populism
In: Social research: an international quarterly, Band 80, Heft 1, S. 143-172
ISSN: 0037-783X
Framed. America's 51 Constitutions and the Crisis of Governance. By SanfordLevinson. Oxford: Oxford University Press, 2012
In: Constellations: an international journal of critical and democratic theory, Band 20, Heft 3, S. 503-507
ISSN: 1467-8675
Framed. America's 51 Constitutions and the Crisis of Governance. By Sanford Levinson. Oxford: Oxford University Press, 2012
In: Constellations, Band 20, Heft 3, S. 503-507
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Conventions, Constituent Assemblies, and Round Tables: Models, principles and elements of democratic constitution-making
In: Global constitutionalism: human rights, democracy and the rule of law, Band 1, Heft 1, S. 173-200
ISSN: 2045-3825
AbstractThe article presents the Round Table form, elsewhere post-sovereign multi-stage constitution making as an independent democratic type superior to the alternatives. It locates the form along with Convention and Constituent Assembly both in a comprehensive typology based on models of regime transformation, as well as historically. After making a set of normative arguments comparing the three forms, focusing on the issue legitimation, I make a case for the synthetic nature of the Round Table in relation to the two important democratic predecessors. Finally, I reluctantly admit the path-determined nature of the Round Table that strictly speaking seems relevant only 1) in the transitions from dictatorships, if 2) new forces do not have the power to accomplish revolutionary change. Nevertheless, I argue that the principles of the Round Table (inclusion, consensus, publicity, legality and veil of ignorance) are relevant to other paths, from the point of view of their legitimation. I further claim with reference to Iraq, Turkey and the European Union that elements of the Round Table can be adopted even under conditions of revolutionary change, as well as constitutional reform.
Conventions, Constituent Assemblies, and Round Tables: Models, Principles and Elements of Democratic Constitution-Making
In: Global Constitutionalism, Band 1, Heft 1
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