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The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
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Martin Loughlin and Neil Walker

Print publication date: 2008

Print ISBN-13: 9780199552207

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552207.001.0001

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Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

Chapter:
(p.147) 8 Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State
Source:
The Paradox of Constitutionalism
Author(s):

Rainer Nickel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552207.003.0009

This chapter develops a theoretical perspective in sympathy with the Habermasian idea of the symbiosis of the legal and the political, of (private) rights and (public) democracy, of the Rechtsstaat and popular sovereignty. It supplements this account by showing that the productiveness of the tension between the two remains no less precarious than it has ever been, always likely to become skewed in favour of the rigid priority of rights or of communitarian excess. The symbiosis of private and public autonomy — of constituted and constituent power — thus remains a fragile and in many contexts elusive achievement.

Keywords:   Habermas, rights, democracy, Rechtsstaat, popular sovereignty

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