Reading Group 2020

1 Introduction & Definitions 7/10/2020

Our first meeting is unambitious. We will meet, get to know each other, and discuss some of the concepts which will keep us busy throughout the semester. Before you read any of the assigned texts, please find a moment to sit down and think about the following question: 

What is your understanding of the following notions?
  • constitution
  • constitutionalism
  • government
  • liberalism
  • nationalism
  • national identity
  • constitutional identity
  • sovereignty

Take some notes. Put down your ideas. Jot down a couple of sentences or a mind map - whatever makes your brain happy.

After you have done this (for real! do it! do not continue until you have written something down!), have a look at this week's readings. The first text comes from The Constitution of Freedom: An Introduction to Legal Constitutionalism by András Sajó and Renáta Uitz (OUP 2017, read pp. 13-19), the second text is a short excerpt from the SEP entry on John Rawls (read only part 3, i.e. pp. 9-21). This week's reading is 20 pages in total.

Error: The referenced object does not exist or you do not have the right to read.
https://is.muni.cz/el/law/podzim2020/DACPVP03/um/Sajo-Uitz-1.pdf
Error: The referenced object does not exist or you do not have the right to read.
https://is.muni.cz/el/law/podzim2020/DACPVP03/um/rawls_a4.pdf

Having read the two texts, consider the following questions:

Questions for discussion (Sajo & Uitz, chapter 1.1)
  • What came first, constitutons or constitutionalism?
  • Do you agree with the statement that "one does not only feel when constitutionalism has been violated, one can prove it"? Why (not)?
  • What is the purpose of a state? How do we determine whether a state is weak or strong?
  • Constitution(alism) to government is like a brake to a car. (Is it?) What do the authors want to demonstrate by this metaphor?
  • What is the authors' understanding of "Rechtsstaat"? Do you understand this notion similarly or differently? Is it the same as the "rule of law"?
  • Do you personally perceive the government as an enemy or an ally?
  • Why is constitution-making a political process?
  • 'Constitutionalism, written into law, does not replace the cement of society, but it is an important active ingredient of the cementing compound.' Discuss.
  • How is it possible that British constitutionalism functions without a written constitution?
  • Has your understanding of the key notions (above) changed after reading this text?
Questions for discussion (Rawls's political liberalism)

  • Why should people with different worldviews tolerate each other?
  • How do you understand Rawls's liberal principle of legitimacy? (How would you explain it in your own words?)
  • How do reasonable citizens behave? Do you consider your fellow citizens reasonable?
  • Are people naturally prone to toleration and mutual respect, or are they rather egoist and non-tolerant?
  • What is the society's 'public political culture'?
  • What is a 'political conception of justice'?
  • Why is libertarianism not sufficient for Rawls?
  • What is 'overlapping consensus'? Does it exist in every liberal society? Does it exist in your country?
  • 'Citizens engaged in certain political activities have a duty of civility to be able to justify their decisions on fundamental political issues by reference only to public values and public standards.' Discuss.
  • Does Rawls's theory sound acceptable to you? Does it work in the society where you live? Why (not)?

Previous
Next