In the constitutional tradition of the American and French Revolutions the legitimate authority of an order and the legal norms it produces are dependent on their commitment to respect and protect human rights. But what exactly does that imply? Are human rights pre political constraints on democratic decision-making or are they legitimate focus of political disagreement and contestation? What type of institutions does the adequate institutionalization of human rights require? Do they require the institutionalization of liberal constitutional democracy, including rights review by a constitutional courts? Do they even require that states be embedded in a certain kind of rights protecting international legal order and if so, why and what kind of order exactly? And what does it mean to say that an order or a specific law emanating from it lack legitimate authority? Is there a right to disobey its commands or to seek to overthrow it?
The seminar will be divided in two parts. In a first part we´ll explore some central issues of political philosophy and constitutional theory related to these issues (including Raz, Rawls and Habermas). In a second part invited speakers will discuss their work on these and related issues with the participants.
Fragen zum Forschungsseminar richten Sie bitte an peter.schwarz@wzb.eu.
In der ersten Sitzung findet eine Vorbesprechung und Einführung zum Seminar statt. Prof. Dr. Kumm wird diese Veranstaltung gemeinsam mit Prof. Dr. Stefan Gosepath von der FU anbieten (http://www.stefan-gosepath.de).
- Kursverantwortliche/r: Peter Schwarz