Other
LAWS10090 Constitutional Law Seminar 9-Pre- commitment
- Module
- LAWS10090
- Institution
- The University Of Edinburgh (ED)
LAWS10090 Constitutional Law Seminar 9-Pre- commitment
[Show more]
Content preview
Seminar 9- 8thPre- commitment- tied to the mast so he can hear the songs of the women whose singing and not
die as the women’s singing leads the soldiers to death. Therefore we can use his body as a symbol of
the body politic, whereby being tied to the mast is an act of constraint for future benefit. However,
in a constitutional setting it is such that the tying up i.e. constraint leads to certainty and beneficial
purposes. If the signing of the women does harm to the man who has been constrained then the
other soldiers on the boat whose ears have been stuffed then they could stop the suffering as they
can still see what I going on and could see the man suffering.
John Elster- constitutionalism argument- look him- political theorist.
Limit the definition of constitutionalism to pre- commitment limits the understanding- all this is a
mechanism by which a body reserves a realm of areas from majoritarian politics
Focusing on one aspect of constitutionalism which is pre- commitment- there are other aspects to
constitutionalism:
NORMATIVITY- constitutionalism has the function of state building- moral consensus
between the people creates the notion of a state- it’s the normative dimension of
constitutionalism- C comes with a set of values- distinction between pure procedurialism
and on the other hand the normative approach.
Normative content on proceduralism- rule of law- certainty- transparency this is what
procedures give you.
Normative actions could lead to the notion of fundamental rights. Common law
constitutionalism which seeks to distil and serve values of common law.
The discussion of the three articles:
The three give a broad discussion on constitutionalism:
o Bureaucratic constitutionalism- does it have traction today and can it apply to case
studies in today’s world?
o Ginsberg- issue of applicability to the notions of constitutionalism- comparative
exercise
o McHarg- constitutionalism in the sense of application of notions of constitutionalism
to the policy area of climate change.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller UpperCrust. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.29. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80435 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now