1 University Honors Program Thesis May 9, 2018 Walking the Tightrope
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Machiavelli and Republicanism in Elizabethan England
Griot : Revista de Filosofia, Amargosa - BA, v.21, n.2, p.221-236, junho, 2021 ISSN 2178-1036 https://doi.org/10.31977/grirfi.v21i2.2386 Recebido: 15/02/2021| Aprovado: 05/05/2021 Received: 02/15/2021 | Approved: 05/05/2021 MACHIAVELLI AND REPUBLICANISM IN ELIZABETHAN ENGLAND Marcone Costa Cerqueira1 Universidade Federal de Santa Catarina (UFSC) https://orcid.org/0000-0003-4539-3840 E-mail: [email protected] ABSTRACT: The purpose of this succinct work is to present N. Machiavelli's classic republican view from his proposition of an inevitable paradox, the founding of an expansionist republic, difficult to govern, or the founding of a stable, but small and weak republic. Such a paradox, according to Machiavelli, should direct and condition all the constitutive devices of the republic when choosing what will be its destiny as a political body. The model of republic preferred by the Florentine will be the expansionist model of Rome, leading him to assume all the devices that gave this republic its power. From this presentation of the Machiavellian proposition, we will analyse the assimilation of republican thought in England from the Elizabethan period, as well as the political-social scenario that exists there. This itinerary will allow us to understand, in general, why classical republicanism was received on English soil from the perspective of establishing a mixed, stable government, thus favouring the spread of the Venice myth as a serene republic and delaying the use, even that mitigated, of the republican presuppositions expressed in the Machiavellian work that directed towards a Roman model. -
The Concept of Mixed Government in Classical and Early Modern Republicanism
Ivan Matić Original Scientific Paper University of Belgrade UDK 321.728:321.01 141.7 THE CONCEPT OF MIXED GOVERNMENT IN CLASSICAL AND EARLY MODERN REPUBLICANISM Abstract: This paper will present an analysis of the concept of mixed government in political philosophy, accentuating its role as the central connecting thread both between theories within classical and early modern republicanism and of the two eras within the republican tradition. The first part of the paper will offer a definition of mixed government, contrasting it with separation of powers and explaining its potential significance in contemporary political though. The second part will offer a comprehensive, broad analysis of the concept, based on political theories of four thinkers of paramount influence: Aristotle, Cicero, Machiavelli and Guicciardini.1 In the final part, the theories and eras of republican tradition will be compared based on the previous analysis, establishing their essential similarities and differences. Key words: Mixed Government, Classical Republicanism, Florentine Realism, Early Modern Republicanism, Aristotle, Cicero, Machiavelli, Guicciardini. Introduction The roots of republican political thought can be traced to the antiquity and the theories of ancient Greek and Roman philosophers. As might be expected in the two and a half millennia that followed, our understanding of republicanism has been subject to frequent and, sometimes, substantial change. Yet, one defining element has always remained: the concept embedded in its very name, derived from the Latin phrase res publica (public good, or, more broadly, commonwealth), its implicit meaning being that the government of a state is meant to be accessible and accountable to all citizens, its goals being the goals not merely of certain classes and factions, but of society as a whole. -
Pasquale Pasquino
THE JOSEPH AND GWENDOLYN STRAUS INSTITUTE FOR THE ADVANCED STUDY OF LAW & JUSTICE Professor J.H.H. Weiler Director of The Straus Institute Straus Working Paper 04/13 Pasquale Pasquino A Political Theory of Constitutional Democracy. On Legitimacy of Constitutional Courts in Stable Liberal Democracies NYU School of Law • New York, NY 10011 The Straus Institute Working Paper Series can be found at http://nyustraus.org/index.html All rights reserved. No part of this paper may be reproduced in any form without permission of the author. ISSN 2160‐827X (online) Copy Editor: Danielle Leeds Kim © Pasquale Pasquino 2013 New York University School of Law New York, NY 10011 USA Publications in the Series should be cited as: AUTHOR, TITLE, STRAUS INSTITUTE WORKING PAPER NO./YEAR [URL] A Political Theory of Constitutional Democracy A POLITICAL THEORY OF CONSTITUTIONAL DEMOCRACY. ON LEGITIMACY OF CONSTITUTIONAL COURTS IN STABLE LIBERAL DEMOCRACIES By Pasquale Pasquino Abstract This text offers the draft of the third section of a book devoted mostly to the Constitutional Courts in three European countries: Germany, France and Italy. After a section on the new separation of powers and the legislative role of the judiciary, I present a theory of the legitimacy of the constitutional adjudication by agencies which are non-electorally accountable and have the explicit function of corrective of the majoritarian democracy, based on the principle that there is no right without remedy. [email protected] To my friend Istvan Hont, in memoriam 1 The text that follows is an early draft presenting a section of my current research. -
The Irony of Populism: the Republican Shift and the Inevitability of American Aristocracy
THE IRONY OF POPULISM: THE REPUBLICAN SHIFT AND THE INEVITABILITY OF AMERICAN ARISTOCRACY Zvi S. Rosen* I. INTRODUCTION Clause 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.1 On April 8, 1913, the populist dream of true mass democracy came to pass with the ratification of the Seventeenth Amendment.2 The undemocratic Senate, relic of the attempt to produce a republican system of mixed government, had faded into the realm of historical trivia, to be replaced with the modern elected senate. From this point forward, all three forms of government contained within our mixed government would be popularly elected,3 and America had undergone its transformation from a democratic republic to a democracy with scattered bits of republicanism. However, this is not what actually happened. The republican system around which the Constitution is built withstood the modification of the Seventeenth Amendment, and the system of mixed government endures to this day. Rather, what the Seventeenth Amendment achieved was merely the diminution of the Senate.4 The aristocratic component of the government, which the Framers thought so important, found a new home in the federal judiciary, where it resides to this day. As the courts * Mr. Rosen is currently pursuing his LL.M. in Intellectual Property Law at the George Washington University. Prior to this the author completed his J.D. -
The People's Court: on the Intellectual Origins of American Judicial Power
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2021 The People's Court: On the Intellectual Origins of American Judicial Power Ian C. Bartrum University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons Recommended Citation Bartrum, Ian C., "The People's Court: On the Intellectual Origins of American Judicial Power" (2021). Scholarly Works. 1332. https://scholars.law.unlv.edu/facpub/1332 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Articles The People's Court: On the Intellectual Origins of American Judicial Power Ian Bartrum* ABSTRACT This article enters into the modern debate between "consti- tutional departmentalists"-who contend that the executive and legislative branches share constitutional interpretive authority with the courts-and what are sometimes called "judicial supremacists." After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp. This is an intellectual history of two evolving political ideas-popular sovereignty and the separation of powers-which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, we must expand the traditional conception of the "separation of powers" to include not just distinct institutional functions, but also the structured division of the sovereign pre- * Professor of Law, William S. -
THE PREMISE of MIXED GOVERNMENT in AFRICAN POLITICAL STUDIES by Richard L. Sklar University of California, Los Angeles This Keyn
THE PREMISE OF MIXED GOVERNMENT IN AFRICAN POLITICAL STUDIES By Richard L. Sklar University of California, Los Angeles This keynote address was presented at an international conference on “Indigenous Politi- cal Structures and Governance in Africa,” at the University of Ibadan, Ibadan, Nigeria, July 19-21, 2001, and published in Olufemi Vaughan, ed., Indigenous Political Structures and Governance in Africa (Ibadan, Nigeria: Sefer Books Ltd., 2003), pp. 3-25; reprinted in Olufemi Vaughan, ed., Tradition and Politics: Indigenous Political Structures in Af- rica (Trenton, NJ and Asmara, Eritrea: Africa World Press, 2005), pp. 13-32. I am delighted to be here for this conference at the University of Ibadan. My asso- ciation with this university began 44 years ago, in 1957, during the course of my doctoral research on Nigerian political parties. The late pioneering historian, Dr. Kenneth On- wuka Dike, then director of the Institute of African Studies, received me at his home and made me feel welcome. This institution was then a University College, affiliated with the University of London. Several years later, in 1963, I accepted an invitation to join the academic staff of this university as a lecturer in the newly established Department of Po- litical Science. Previously, political science and sociology were subsections of the Fac- ulty of Economics. In 1963, all three disciplines were incorporated with equal status within a new Faculty of the Social Sciences of a fully independent university with Profes- sor Dike as vice-chancellor.1 How do I remember the academic life of this campus between 1963 and 1965? Once a wise teacher warned me to beware the trap of nostalgia for so called good old days. -
Classical Influences on the United States Constitution from Ancient
John Carroll University Carroll Collected Senior Honors Projects Theses, Essays, and Senior Honors Projects Spring 2015 A Classy Constitution: Classical Influences on the United States Constitution from Ancient Greek and Roman History and Political Thought Shamir Brice John Carroll University, [email protected] Follow this and additional works at: http://collected.jcu.edu/honorspapers Part of the History Commons Recommended Citation Brice, Shamir, "A Classy Constitution: Classical Influences on the United States Constitution from Ancient Greek and Roman History and Political Thought" (2015). Senior Honors Projects. 85. http://collected.jcu.edu/honorspapers/85 This Honors Paper/Project is brought to you for free and open access by the Theses, Essays, and Senior Honors Projects at Carroll Collected. It has been accepted for inclusion in Senior Honors Projects by an authorized administrator of Carroll Collected. For more information, please contact [email protected]. Brice 1 Introduction The Constitution has been the flagship document of United States of America since 1787. After the short reign of the Articles of Confederation, the US Constitution has endured for well over two hundred years. The document that the Founding Fathers drafted in the late eighteenth century has survived after being amended with the Bill of Rights almost immediately after it was ratified by the states.1 The long life of the United States’ governing charter is a testament to the wisdom of the Founding Generation. The Founders were able to craft a constitution that established a system of government that has seen thirteen Atlantic colonies transform into a nation from sea to shining sea. When drafting the Constitution, the Founders are known to have been influenced by European philosophers such as John Locke, Jean-Jacques Rousseau, and the Baron de Montesquieu. -
Economic Structure and Constitutional Structure: an Intellectual History
This article was originally published as: Ganesh Sitaraman Economic Structure and Constitutional Structure: An Intellectual History 94 Texas Law Review 1301 (2016) +(,121/,1( Citation: 94 Tex. L. Rev. 1301 2015-2016 Provided by: Vanderbilt University Law School Content downloaded/printed from HeinOnline Thu Mar 30 16:39:42 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Economic Structure and Constitutional Structure: An Intellectual History Ganesh Sitaraman* In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional system survive the collapse of the middle class? This question might seem tangential-ifnot unrelated-to contemporary constitutionaltheory. But for most of the history ofpolitical thought, one of the central problems of constitutional design was the relationship between the distribution of wealth in society and the structure of government. Two traditions emerged from thinking about this relationship. The first tradition assumed that society would be divided into rich and poor, and it designed class-warfare constitutions that incorporatedeconomic classes directly into the structure of government. The second tradition was based on the assumption that society was relatively equal economically; as a result, it was not necessary to incorporate economic class into these middle-class constitutions. -
The Rise and Fall of the Separation of Powers
Copyright 2012 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 106, No. 2 THE RISE AND FALL OF THE SEPARATION OF POWERS Steven G. Calabresi, Mark E. Berghausen & Skylar Albertson ABSTRACT—The U.S. Constitution’s separation of powers has its origins in the British idea of the desirability of a Mixed Regime where the King, the Lords, and the Commons all checked and balanced one another as the three great estates of the realm. Aristotle, Polybius, Cicero, St. Thomas Aquinas, and Machiavelli all argued that Mixed Regimes of the One, the Few, and the Many were the best forms of regimes in practice because they led to a system of checks and balances. The Enlightenment killed off the Mixed Regime idea forever because hereditary office-holding by Kings and Lords became anathema. The result was the birth of a functional separation of legislative, executive, and judicial power as an alternative system of checks and balances to the Mixed Regime. For better or worse, however, in the United States, Congress laid claim to powers that the House of Lords and the House of Commons historically had in Britain, the President laid claim to powers the King historically had in Britain, and the Supreme Court has functioned in much the same way as did the Privy Council, the Court of Star Chamber, and the House of Lords. We think these deviations from a pure functional separation of powers are constitutionally problematic in light of the Vesting Clauses of Articles I, II, and III, which confer on Congress, the President, and the courts only the legislative, executive, and judicial power. -
Background on Absolutism
Hobbes Seminar March 27, 2013 Background on absolutism The status of an absolute sovereign 1. Pure or perfect a. Meaning: one of Aristotle’s three types of government: monarchy, aristoc- racy, or democracy. b. Contrast: “mixed” government, a monarch that shares power with an aristo- cratic or democratic body like Parliament (Daly, 236) (Sommerville, 351–52). 2. Not morally or legally accountable to any other human power, having no supe- rior (Sommerville, 350–51). What various absolutist theories have in common is attempts to “free rulers from accountability to their subjects”(Sommerville, 348). a. Contrasts: subordination to Papacy or some class within the state.In early usage, having an “absolute” sovereign was a way of boasting of the nation’s independence from the Pope (Daly, 231). b. Compatible with: accountability to God. “The idea that sovereigns are subject only to God was central to absolutist thought.” (Sommerville, 354) 3. Unlimited power. Contrast: sovereigns only have some powers but not others, with limits coming from people rather than God. (Sommerville, 355) 4. Not limited by laws. Comparison with God: make laws, above laws (Daly, 234). a. Early contrast: the king’s “ordinary” powers, regulated by the law; thought to be compatible with the king’s having “absolute” powers concerning policy (Daly, 232). b. Contrast: view that the sovereign must act within the law, limits to discre- tion. Hobbes Seminar Background on absolutism c. Note: some backsliding by Royalists after civil war. “Hobbes chided the king’s advisers for denying that the government was absolute … Certainly royalist writers were at pains to claim that the king’s power was legally limited. -
Is There a Republican Form of Government William Whatley Pierson Jr
NORTH CAROLINA LAW REVIEW Volume 2 | Number 1 Article 3 1923 Is There a Republican Form of Government William Whatley Pierson Jr. Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation William W. Pierson Jr., Is There a Republican Form of Government, 2 N.C. L. Rev. 14 (1923). Available at: http://scholarship.law.unc.edu/nclr/vol2/iss1/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. THE NORTH CAROLINA LAW REVIEW IS THERE A REPUBLICAN FORM OF GOVERNMENT?' WILLIAM WHATLEY PIERSON, JR. PROFESSOR OF HISTORY AND GOVERNMENT, UNIVERSITY OF NORTH CAROLINA IT IS DIFFICULT to understand with any degree of exactness the terminology of political science; and, moreover, it is seemingly impossible to secure anything like general agreement among publicists as to the meaning of certain important and indispensable words which appear in their works,-as for instance, the terms "state," "commonwealth," "sovereignty," "nation," etc.2 Sometimes different words are employed to express the same meaning, and sometimes the same word is used to express very different meanings. The significance of ideas is often lost in controversies about the meaning of words chosen to present them; the great debate is thereby reduced to disputation about the meaning of the query. Much energy is devoted to defining words, not only, but much space to explain- ing the definitions. -
Separation of Powers: an Overview
Separation of Powers: An Overview Matthew E. Glassman Analyst on the Congress January 8, 2016 Congressional Research Service 7-5700 www.crs.gov R44334 Separation of Powers: An Overview Summary Congress’s role and operation in national politics is fundamentally shaped by the design and structure of the governing institution in the Constitution. One of the key principles of the Constitution is separation of powers. The doctrine is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power. These objectives were achieved institutionally through the design of the Constitution. The legislative, executive, and judicial branches of the government were assigned distinct and limited roles under the Constitution, and required to be comprised of different political actors. The constitutional structure does not, however, insulate the branches from each other. While the design of the Constitution aims, through separation, to prevent the centralization of power, it also seeks the same objective through diffusion. Thus, most powers granted under the Constitution are not unilateral for any one branch; instead they overlap. The constitutional structure of separation of powers invites conflict between the branches, particularly between Congress and the President. The electoral structure of the federal government provides not only separate bases of authority, but also different bases of authority for political actors, as well as different time horizons. Likewise, the assignment of powers under the Constitution is not only overlapping, but also somewhat vague, creating inter-branch contests for power across many key functions of the government.