Articles 1 - 2 of 2
Full-Text Articles in Political Science
Consensus Democracy And State Performance: Evaluating The Impact Of Coalition Government On Indian States, Vandit D. Shah
CUREJ - College Undergraduate Research Electronic Journal
The question of whether a majoritarian setup is optimal in terms of broad representation takes up on paramount importance in the context of power-sharing in deeply divided places, whereby unqualified exclusion of segment(s) of the population from government can have potentially disastrous consequences. Governance in deeply-divided places presents a rather intriguing question --- who governs the people, how are they elected, what mandates do they have? What form of government works best - a single-party majoritarian system that by popular belief leads to more effective governance or a consensus-based government that allows for better protection of minority interests? More broadly then ...
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...