Constitutionalism is ‘a legal limitation on government’ and ‘an antithesis of arbitrary rule.’ It is this aspect of constitutionalism which the contributions to this special issue discuss with reference to various forms of governance beyond the state. It focuses on accommodating cultural diversity within the constitutional framework of one State (e.g. Canada) and on addressing recognition in a constitutional framework beyond the State (e.g. the European Union, the United Nations, or, the World Trade Organization). Once constitutional norms are dealt with outside their sociocultural context of origin, a potentially conflictive situation emerges based on de-linking two sets of social practices (i.e. cultural and organizational practices). The article argues that the potential for conflict caused by moving fundamental norms such as human rights, citizenship, sovereignty or the rule of law outside the bounded territory of states a decoupling of the customary from the organizational occurs, which creates a situation of enhanced contestedness. That is, through this transfer between contexts the meaning of norms becomes contested — as differently socialized individuals (politicians, civil servants, NGO activitis, parliamentarians or lawyers trained in different legal traditions) seek to interpret them. That is, while in supranational contexts actors may agree on the validity of a particular norm, say for example human rights, that agreement may not be recognised outside these limited negotiating contexts. Subsequently, associative connotations with normative meaning is likely to differ according to experience with norm-use. It is therefore important to ‘recover’ the hidden interrelation between cultural and organizational practices. Both contribute to the interpretation of meanings that are entailed in fundamental norms which are, in turn, constitutive for democratic governance beyond the state.
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This special issue draws on the workshop on ‘Contested Meanings: Democratic Practice and Principles across Cultural Boundaries’ held at Queen's university Belfast, 22–23 September 2005. Funding from the EU 6th Framework Network of Excellence CONNEX; the Jean Monnet Centre of Excellence at Queen's and the British Academy is gratefully acknowledged.
The following draws closely on Wiener (2006a, esp chapter 4).
Note a similar pattern of distinction by Dimitrova (2005) who distinguishes, however, between ‘levels’ not ‘types’ of norms.
I thank Martin Binder who raised this issue at a discussion at the Science Centre for Social Research in Berlin, 8 June 2006.
This observation follows from discussions at the workshop which preceded this special issue, see: Contested Meanings: Democratic Practice and Principles across Cultural Boundaries, workshop held at the Queen's University of Belfast, 22–24 September 2005, sponsored by the EU Sixth Framework Programme's Network of Excellence, CONNEX, Working Group 2, Team A, the Jean Monnet Centre of Excellence at Queen's, the School of Management and Economics at Queen's as well as the British Academy's Visiting Professorship Programme. For the workshop programme see http://www.qub.ac.uk/schools/SchoolofPoliticsInternationalStudiesandPhilosophy/FileStore/PDFfiles/Filetoupload,16547,en.pdf 〈16 May 2006〉.
For the distinction between retrospective and prospective methods of analysis see Tilly (1975, 14).
Begg, I. (2007) ‘Contested meanings of transparency in central banking’, Comparative European Politics 5 (1): 1–16.
Bendix, R. (1963) ‘Concepts and generalizations in comparative sociological studies’, American Sociological Review 28 (4): 532–539.
Bovens, M. (2007) ‘New forms of accountability and EU-governance’, Comparative European Politics 5 (1): 104–120.
Brunnée, J. and Toope, S.J. (2000) ‘International law and constructivism: elements of an interactional theory of international law’, Columbia Journal of Transnational Law 39 (19): 1–87, typescript vers.
Castiglione, D. (1996) ‘The Political Theory of the Constitution’, in R. Bellamy and D. Castiglione (eds.) Constitutionalism in Transformation: European and Theoretical Perspectives, Cambridge: Blackwell, pp. 6–23.
Cohen, J. (1997) ‘Deliberation and Democratic Legitimacy’, in Bohman, J.R.W. (Hrsg.) Deliberative Democracy. Essays on Reason and Politics, Cambridge, MA: Princeton University Press, pp. 67–91.
Dahl, R.A. (1971) Polyarchy. Participation and Opposition, New Haven and London: Yale University Press.
De Burca, G. and Scott, J. (eds.) (2003) The EU and the WTO: Legal and Constitutional Issues, Oxford: Hart Publishing.
Dewey, J. (1954) The Public and its Problems, Athens, OH: Swallow Press.
Dimitrova, A. (2005) ‘The power of norms in transposition: norms and conditionality in Slovakia’, in Paper presented at the workshop ‘Contested Compliance in International Policy Coordination—Bridging Research on Norms and Policy Analysis’, 17–18 December 2005; Portaferry, County Down, Northern Ireland.
Dworkin, R.M. (1978) Taking Rights Seriously, Cambridge, MA: Harvard University Press.
Eder, K. (2004) ‘The two faces of Europeanization. Synchronizing a Europe moving at varying speeds’, Time & Society 13 (1): 89–107.
Everson, M. (2004) ‘Review article: accountability and law in Europe: towards a new public legal order?’ Modern Law Review 67 (1): 124–138.
Fellman, D. (2005) ‘Constitutionalism’ http://etext.lib.virginia.edu/cgi-local/DHI/dhi.cgi?id=dv1-61 〈assessed on 17 Jan 2005〉.
Fierke, K.M. (2006) ‘Constructivism’, T. Dunne, M. Kurki, Smith S. (eds) International Relations Theory: Discipline and Diversity, Oxford: Oxford University Press, pp. 166–184.
Gallie, W.B. (1956) ‘Art as an essentially contested concept’, Philosophical Quarterly, 97–114.
Giddens, A. (1979) Central Problems in Social Theory, Berkeley and Los Angeles: University of California Press.
Giddens, A. (1984) The Constitution of Society, Berkeley and Los Angeles: University of California Press.
Hall, P. (1989) The Political Power of Economic Ideas, Princeton, NJ: Princeton University Press.
Hall, P. (1993) ‘Policy paradigms, social learning, and the state: the case of economic policymaking in Britain’, Comparative Politics 25 (3): 275–296.
Hall, P. and Taylor, R. (1996) ‘Political science and the three new institutionalisms’, Political Studies 44 (4): 936–957.
Jackson, R. (2005) The Global Convenant. Human Conduct in a World of States, Oxford: Oxford University Press.
Jenson, J. (2005) ‘The European Union's citizenship regime: political and social rights in the era of new governance’, Paper presentation at the workshop Contested Meanings: Democratic Practices and Principles Across Cultural Boundaries, Queen's University Belfast, 22–23 September 2005. Available online.
Jenson, J. (2007) ‘The European Union's citizenship regime. creating norms and building practices’, Comparative European Politics 5 (1): 35–51.
Joerges, C. and Neyer, J. (1997) ‘From intergovernmental bargaining to deliberative political processes: the constitutionalisation of comitology’, European Law Journal 3 (3): 273–299.
Keohane, R.O. (1997) ‘International relations and international law: two optics’, Harvard International Law Journal 38 (2): 487–502.
Kratochwil, F. and Ruggie, J.G. (1986) ‘International organization: a state of the art on an art of the State’, International Organization 40 (4): 753–775.
Kratochwil, F.V. (1989) Rules, Norms, and Decisions. On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs, Cambridge: Cambridge University Press.
Lord, C. (2007) ‘Contested Meanings, Democracy Assessment and the European Union’, Comparative European Politics 5 (1): 70–86.
McIlwain, C.H. (1939) Constitutionalism & the Changing World; Collected Papers, Cambridge, UK: Cambridge University Press.
Milliken, J. (1999) ‘The study of discourse in international relations: a critique of research and methods’, European Journal of International Relations 5 (2): 225–254.
Olsen, J.P. (2005) ‘‘Unity and diversity — European style’ Centre for European Studies’, University of Oslo, unpublished manuscript.
Peters, B. (2005) ‘Public Discourse, Identity and the Problem of Democratic Legitimacy’, in E.O. Eriksen, (ed.) Making the European Polity, London: Routledge, pp. 84–123.
Pollak, J. (2007) ‘Contested meanings of representation’, Comparative European Politics 5 (1): 87–103.
Puetter, U. (2007) ‘Providing venues for contestation: the role of expert committees and informal dialogue among ministers in European Economic Policy Coordination’, Comparative European Politics 5 (1): 18–35.
Puntscher-Riekmann, S. (2007) ‘In search of lost norms: is accountability the solution to the legitimacy problems of the European Union?’ Comparative European Politics 5 (1): 121–137.
Risse, T. (2000) ‘Let's Argue!: Communicative action in world politics’, in: International Organization 54 (1): 1–39.
Rosenfeld, M. (1994) ‘Modern Constitutionalism as Interplay Between Identity and Diversity’, in M. Rosenfeld (ed.) Constitutionalism, Identity, Difference and Legitimacy: Theoretical Perspectives, Durham and London: Duke University Press, pp. 3–38.
Schimmelfennig, F. (2000) ‘International socialization in the new Europe: rational action in an institutional environment’, European Journal of International Relations 6 (1): 109–139.
Skocpol, T. (1996) ‘Bringing the State Back In’, in B.E. Brown and R.C. Macridis (eds) Comparative Politics, Belmont et al.: Wadsworth Publishers.
Somers, M. (1994) ‘Rights, relationality, and membership: rethinking the making and meaning of citizenship’, Law and Social Inquiry 19: 63–112.
Stone, A. (1994) ‘What is a supranational constitution? An essay in international relations theory’, Review of Politics 55: 444–471.
Taylor, C. (1993) ‘To Follow a Rule …’, in C. Calhoun, E. LiPuma and M. Postone (eds.) Bourdieu: Critical Perspectives, Cambridge: Polity Press, pp. 45–60.
Tilly, C. (1975) ‘Reflections On the History of State-Making’, in T. Charles (ed.) The Formation of National States in Western Europe, Princeton: Princeton University Press, pp. 3–83.
Tully, J. (2002) ‘The unfreedom of the moderns in comparison to their ideals of constitutionalism and democracy’, Modern Law Review 65 (2): 204–228.
Tully, J. (1995) Strange Multiplicity: Constitutionalism in an Age of Diversity, Cambridge and New York: Cambridge University Press.
Weiler, J.H.H. (1999) The Constitution of Europe. ‘Do the New Clothes Have an Emperor?’ and Other Essays on European integration, Cambridge and New York: Cambridge University Press.
Weiler, J.H.H. (ed.) (2002) The EU, The WTO and the NAFTA. Towards a Common Law of International Trade, Oxford: Oxford University Press.
Weiler, J.H.H. and Wind, M. (eds.) (2003) European Constitutionalism Beyond the State, Cambridge: Cambridge University Press.
Weldes, J. and Saco, D. (1996) ‘Making state action possible: the United States and the discursive construction of ‘The Cuban Problem’, 1960–1994’, Millennium 25 (2): 361–395.
Wiener, A. (2006a) ‘The invisible constitution, making normative meaning accountable for politics’, Unpublished Manuscript, Belfast.
Wiener, A. (2006b) ‘Soft Institutions’, in A. von Bogdandy and J. Bast (eds.) Principles of European Constitutional Law, Oxford: Hart Publishing, pp. 419–449.
Wobbe, T. (2003) ‘From protecting to promoting: evolving EU sex equality norms in an organisational field’, European Law Journal 9 (1): 88–108.
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Wiener, A. Contested Meanings of Norms: A Research Framework. Comp Eur Polit 5, 1–17 (2007). https://doi.org/10.1057/palgrave.cep.6110107
- democratic governance