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Rule of Law and Democracy in Europe
Rule of Law and Democracy in Europe
Loyal to legal system, organise as many thing as can from bottom-up manner,
democracy, individual is important- shift away from antique democracy
4. Cities
If the population is concentrated, with the old town, that can easily trigger rebel,
revolution…
US, the central is the down-town with offices, does not trigger the new ideas
Small ethicist governments , chief-dooms, tribes, or little unities-cities
Hellas (5-4th century BC)
Greece borrowed the idea from Mesopotamia
High density of city states, and if one wanted to dominate, the coalition of the
city states prevented it
o Not in Mesopotamia, that’s why the despotic cities came to dominate
Identity of city states, certain sense of plurality
They start to organise different type of leadership and regime, none of them
could really spread, but bc of the closeness the idea could spread, and
ideologically might trigger comparative constitutional thinking – have a mixed
type of ideal regime
o Risk of experimenting was not too high
o Ideal climate of political experimentation, of thinking about the
perfect/ideal regime, comparative constitutional thinking
Indonesian is also mentioned
o Not political influence
o Climate somewhat similar, and in the geographical sense too
o Proximity of different city states, but different
o The Greek inherited the writing from the Phoenicians, but that was not
present in Indonesia
Didn’t have to repeat in generations, the results were written down in
Hellas
Evolution of cities
The Middle Age provide basis on contemporary cities
Medieval European cities
o Usually encircled by a city wall
Separate
Could be linked to the birth of autonomous regions
Control the Micro-climate
Symbolic relevance, major legal relevance as well
Collection of tax - build up your on army, be more independent
Cities were considered to be free, no army in them, the authority of the
king and nobles were lost there
For the king the sum was paid in one
Distribution of welfare and wealth as you wish
The market place of the city was hub of political fragmentation, conflicts,
revolts, revolutions
Both political and entertainment centre
Attracting different intellectuals
Universities were established, and universities was a hub, and if the scholar
contributed, they might be differentiated by the name of the city, or his city
of
Northern-Italy: San Gimignano (the towers stayed), Florence, Bologna, the
towers were privately owned by the aristocrats, that’s new that they lived
in the city, bc elsewhere they lived on the countryside
The bourgeoisie destroyed that
Once the bourgeoisie took over power in North Italian city states, they
could build upon the artistic and esthetical sense
Rousseau created France based on his hometown, which was like a republic
Outside Europe: Army within city limits, and they host the army of the king, the
riots could be managed easily
6. Feudalism
Represents the fragmentation of the power perfectly
Benefice: the granted land
Hierarchical situation, dependent of each other – vassality
Fief: lord
Vassal
Immunity: safeguard private autonomy, draw inspiration from antiquity, but this
more structural, plus privileges, and natural rights
o Certain terms, and if they were breached, both had the right to terminate the
contract in case of felony, guarantee some kind of human dignity
Middle Ages helped Contracts survive (from Ancient Roman Empire)
Ancient Contribution
6. The political philosophy was disappearing following the fall of classical Greek period
Politics were managed such a high level, that it was impossible to connect with it, top-
down classical imperial system
The political community stopped being the ppl
Aristophanes : ancient, classical Greek, Athenian playwright and comedian, political with
name dropping, with situation comedy
Menander: Hellenistic playwright and comedian, no politics, mostly about character
comedy
Ancient Rome
7. Law
Property was more valuable – imported
The interpretation of law, later the legislation was more flexible
First ones, who became self-conscious of law
They understood what they were doing
They understand that they understood law
Definition of law
o Ius: originally meant physical space, room where the praetor sat
o In iure vocation: you were invited into the Ius
o In an abstract, the law
o Inuria: law in general (?)
Differentiate among
Ius: man made law, compulsory for everyone to follow- so they can be enforced
Fas: compulsory in face of God, religious rules
Mos: moral rules
Invented legal philosophy
Ius es tars boni et aequi: Law is the art of the good and the just
8. State
First to attempt to define the state, concept of state form (major invention). The naming
of the state
The name of the state
Res Publica: matters of the public, public matters
Senatus Populusque Romanus (SPQR): their imperial state
Believed that the most important idea of Aristotle was the idea of mixed government —
monarchy, aristocracy and democracy is the best mixture according to him with Hungary as an
example
16. Enlightenment
Pierre Chaunu (French historian, about intellectual revolution, humanity??, 20 th c.)
1637-1687
o The school of the method
o The principles of philosophy (Newton)
o More relevant than any other periods, but two can be measures with it
5th c. BC – Greek philosophy
1897-1860(??)
Thomas Hobbes
1651, publishment of Leviathan
Social contract
Political authorities born out of social contract, monopoly of aggression is handed over to
the state, as long the ones in charge keep the social contract in mind
Had a chance to travel and see the different political systems and insight
Starting point of enlightenment of political thinking
John Locke
Separation of powers
o Legislative
o Executive (judges belong to them)
o Federative (foreign affairs, how the colonies is dealt with…)
o Separated based on functional, not class
Descartes
Methodology based on political science
D’Alembert: Encyclopedia
o Every intellectuals had to have a copy of it
o Entry of Peace: peace is the normal way of being, war is a disease
Elite, ruling classes- they are able to protect against foreigners, the war gave their
legitimacy
Anonymous
Montesquieu typical Westphalian thinker
Rousseau
Social contract from Hobbes, redefined it with that the s. c. is derived from the ppl
Brought back democracy as a concept, at the level of intellectual discourses
As a viable political option, positive conceptionalisation of it
Once his ideas is implemented during the revolution, it’s the same as during the Athens,
only used as a tyranny of the majority
Emmanuel Kant
Individualism, ethics, morel philosophy
Universalist (who never left the city where he was born)
Rechtsstaat, legal state, the duty of the state is to provide you the right
To perpetual peace
o Democratic peace theory
He used republic, where not everyone has the right to vote, not democracy in the
sense of R.
o Spread representative regimes in EU, will bring peace
Ppl would change the governments who would go to war
States welcome each other’s citizens, a league of nations is necessary
After WWII.
2. Negative things
Important precondition: implemented within the state (functional sovereign state is needed) for
rule of law
Actors above the state, curbing the state, external check
o International organizations, question the sovereignty of ppl
o Rise of large companies
Before internal curbing constrains
o Rise of municipality
o Territorial integrity
o Transnational terrorist
Private militia was set up
Monopoly of aggression questioned
City-states are on the rise (NY, Tokyo might became de facto independence)
Territorial integrity and sovereignty questioned
Westphalian system is not there anymore, after 1945, is more comparable to middle age –
Neo-medievalism
o Functional states
o Now in IR billions of actors(transnational web of criminals, private militia, city state,
NGOs..)
Erosion of sovereignty – challenge of rule of law and democracy, because it happens
in the state
o Catholic idea of natural law in secular form
o Hard power: catholic church, multi-national companies
German propaganda
National values
‘proud not being proud’-ambiguity
Playing with stereotypes
Tries to be funny
Approach was very different
More problematic view regarding the history, (‘they were stupid’)
Propaganda
States communicate with each other
John Lukacs: propaganda instead of politics, infotainment instead of news
Radical different take on political discourse
Liberal democracy- quality discourse is not present
Its hard to maintain the quality of it, and thus the element of liberal democracy
Concept of neo-medievalism
o Peak of literacy: after the WWII until around 1960s, and with the rise of TV the image
took over written news
o Umberto Eco: cultural type of neo-medievalism more and more ppl get informed
regarding beliefs, and politics through image (TV, mems, videos)
Less complex thoughts
Middle age: fresco, sacred scripts
o Language
o Position of English
Similar to Middle Ages -Latin
Discourses, important stuff
In a language what most of the ppl are not native
Structure is similar to the one of the middle age
Cultural leg of neo-medievalism, could have a great effect on political discourse
19. Brexit
2014, Scottish referendum to leave the UK or not
In the mid 1970s already a referendum to leave the EU
Geopolitical clash with France , refuse to join
o Since 1967, vetoed twice
o Joined in 1973
60% sth to stay
Labor party for leave, conservative to stay
o BBQ, the British were satisfied with Thatcher’s action (?)
o Colonial empire on the verge of collapse (all members of the EC)
Former empires to keep their power by pulling their sovereignty together
UK, only one way to maintain global position is to join the EU
o Neo-liberal economic policy, to cut back taxes, lower unemployment benefits and
breaking down the trade union
Conservative to leave, labor to stay
1983: labor lost the election with the promise to vote against the EU again
Middle of 1980s, the labor party left this project, and for like 6 years not addressed by
anyone
1990s, the UK Independent Party increased popularity in the later year
o Nigel Farage: 1999-2020
o Putting the British government to organize a referendum
David Cameron campaign: in and out referendum by 2017
Organized by 2016
Vote leave: too much spending to the EU, what could be spend to healthcare (NHC)
and for the state, education -life would be bigger
o 350million ponds /week for EU
o “I would have never made that claim” -N.F. the day after election
o Big surprise that it actually happened
For stay
o Scotland wants to stay
o High level of customs would be introduced, the small and medium size
enterprises would fall
o Financial HQ in London, many banks would move (they did so to Colone)
‘You were only supposed to blow the bloody door off’
o One of the most famous slogan after the Brexit
Campaign and false info
Everything borrowed from UK, when this actually happened there, what would happen with
EU
Oldest democracy in EU
The campaign is too similar to what happens in E.EU.
Péter Tölgyesi
o 2015-2016, Orban could be the future- scary
Understanding the problems of Hungary, the W. has to concentrate on it because that could
happen with them as well
800 mentions of Orban vs 120 with the PM of NT
October 2016
(physical) Fighting in the EP
Two members of the UKIP (who just won why they were created)
Depths of the crisis is illustrated by this
Effectively left in January of 2021
Already in the beginning of the year
Food and gas shortage
Problems with supply chain
Especially hard hit with the Brexit and Covid
Bankruptcy
Importance of GB in the democracy
Magna Charta 1215
o Nobility: You cannot be taken into prison without verdict
John of Salisbury
o 12th century
o Policraticus -his book
o Tyrannicide is fine
Henry of Bracton
o On the laws and customs of England
o Put a bridle on the king, the bridle is the law
o Supremacy of law is emphasis here
o The ppl sit on the King as a horse
Bill of Rights
o Inspired by the glossators and put it into action
Habeas Corpus ACT -1679
o You must have the disposition over your body
o Generalization of the Magna Charta, nobody can be taken into prison arbitrary
John Locke
o Original theorist of the separation of power
Albert Venn Dicey
o In the British system where the Parliament is the highest power
o Referenda as an autocratic and manipulative tool
o In general understanding it can be really dangerous, but there some cases (like with
Switzerland) is right
o Extremely big referendum are dangerous to vote
Parliamentary sovereignty
Elected ppl to vote for them in issues which are to complex for them to understand and
judge
3 referendum in the history of GB, 2 of them in the 2010s
Referendum: one way to avoid responsibility in direct democracy
Especially if the public is not informed correctly and sufficiently
Tool to manipulate ppl (propaganda)
o Napoleon invented it, to manipulate the public bc the one who ask the question has the
more chance to win it
Could be the death/paralyze of the EU, or liberal democracies
Not the exit referendum, but the general ones are the most dangerous
You cannot compromise or negotiate with the final result of the referendum
Popularity of the EU was on a rise after the Brexit
20. EU
What actually the EU is
Supranational/international organization
New kind of a Bund, like a German style federation
Confederacion Nacionale -France
Transnational consociation
o Consociation democracy -like in Belgium
Empire: post-colonial empire, Neo-medieval empire (like the HRE was)
o Fundamental contradiction with the general consensus of the empire
o Very difficult to build an empire after the fall of Roman Empire, regardless there were
attempts
o One entity and they tried to invade the rest of EU from their HQ to build a top-down
way – war is attached to it
o Did not last long, at least not as an empire
Napoleon, Hitler -few years
By empirical time, it is a longstanding
o Very idea behind of EU was a peace project, perpetual peace
Since Erasmus, St. Pierre to Kant, how to reach peace
o Signing a document once and that’s it -liberal narrative
Very naïve idea
They felt that it is wrong, but no solution
This is how the balance of power born -more political narrative
4-5 powers, when some becomes too strong, the others
counterbalance them
o Pentarchy
Most advanced attempt to form a peacekeeping entity
o Built from bottom up
Mechanical vs. organic
Natural sciences idea
The two former strategics were not followed
o Inspired by the physics of Newton
Multi-cellular level of organization
o Bottom up, organic development
o Pasteur
o More stabile than anything else
o Organic, step-by-step way
o If its not working, leave it behind
o Cooperate in spheres what you are interested in, certain level of trust in necessary
o Late 1980s, 1990s, early 2000s great deepening of the EU
Functionalism in IR
o Try to react to the changes and conditions, build cooperation where is the most
beneficial
o Sectoral organization
After ECSC
o Idea of EDC -did not work bc of lack of trues
o After 1956, they realized they have to build a tighter and more extended cooperation
GB and FRA not the biggest players
Common Market
Developed through coups, everything happened in secret
Birth of the European Council
Luuk Van Middelaar: The Passage to Europe
o The evolution by coups is explained
Stella Ghervas: Conquering Peace
o Enlightenment, balance of power
Democratic deficit
EP has very limited authority, hardly can do any legislation, too weak
Representation of the EP
o Treated as a second order national election, can protest, the turnout was falling until
2019 (since 1990)
Same issues are raised as in domestic ones, not common European ones
Not much meaningful event in the EP, bc the lack of common language and political
backdrop culture, lack of demos
The executive has unlimited power in the EU, at home the parliament limits
o The strength of executive is way bigger than at home
The EC has closed session
To distant from the voters, cannot engage with them (and believe they stand with them)
To complicated for the general public to understand
Difficult to find the separation of power
Voters cannot recognize the political power -Hard to label as democratic
Counter-argument
o Most democratically elected politicians
o Justification for doing there job
o They can vote them out
o How to representative this many states if not this way
The standards are wrong, way we measure the EU with categories what are for
states, if we cannot agree on what the EU is. Not-Westphalian entity, with
Westphalian bias and standards
Why it is not a state?
o 20-30% of the GDP from the states to federal level to Washington
o The same with EU is 1%
Agreement that the sovereignty lays with the member states
Post-state or pre-state
Pre-state what would evolve with federalism
European Parliament
o Only democratic element of the Eu, democratic but only in a primitive way
o Represents the individual citizens
European Council
o Diplomatic element
o Member states
Commission
o The EU itself
o Monarchic element, but bureaucratic
o Mixed-constitution
o One entity representing the many, one representing the few
Supranational: Commission plays the key role, the states are not free
Infranational: lobby, NGOs, state has some freedom-EP
International: the state is absolutely free -EC
Pre-modern entity, not a Westphalian one
European society it is in a very primitive stage
Only major entity that it is able to shift form (single entity -to put incredible economic
pressure on the others), in the UN GA many entity ( EU 27, US 1, CH 1)
Idea of federalizing the EU is a wrong idea