Cosmopolitan Constitution and Democracy

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Questions and Answers

What are the main democratic deficiencies highlighted in the context of national democracies?

National democracies struggle to represent the interests of all citizens, particularly those living outside national borders.

How does the concept of supranationality relate to the cosmopolitical constitution?

Supranationality is proposed as an alternative to nation-state structures to better address democratic deficiencies and ensure broader representation.

What role would international human rights protections play in a cosmopolitan constitution?

International human rights protections would ensure states uphold fundamental rights and provide oversight against violations.

What specific discrimination does the proposed cosmopolitan constitution aim to ban?

<p>The constitution aims to ban discrimination based on nationality.</p> Signup and view all the answers

Why is representation of marginalized groups important in the context of a cosmopolitan constitution?

<p>It is crucial to ensure that the interests of non-majority populations are acknowledged and addressed within political frameworks.</p> Signup and view all the answers

Flashcards

Democratic Deficiencies

The idea that national democracies have inherent problems in representing the interests of all citizens, especially those living outside their borders.

Supranationality

The idea that a global body or framework, operating independently of individual nations, could potentially address the limitations of national democracies.

Cosmopolitical Constitution

A proposed constitution designed to address global issues, incorporating international human rights protections and oversight.

International Cooperation

The proposal to include international human rights protections into the cosmopolitan constitution, ensuring national states respect fundamental rights.

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Protection Against Discrimination

A key feature of the cosmopolitan constitution, preventing discrimination based on nationality, drawing inspiration from European legal frameworks.

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Study Notes

Democratic Deficiencies and Cosmopolitical Solutions

  • Democracies are limited by borders, failing to represent people outside those borders.
  • This leads to a lack of representation for those outside a nation's borders.
  • This issue can be addressed by granting rights to foreigners and allowing a national democracy to align with its neighbors through deliberation.

Cosmopolitical Constitution

  • A cosmopolitical constitution is designed to be embedded within an international human rights system.
  • It aims to prevent national states from violating human rights through international oversight and control.
  • This aims to ensure that no state subjects citizens to indignity from state or private actors.
  • The concept differentiates between just and decent societies (Margalit, 1939). A just society upholds social justice, but a decent society protects individuals from unacceptable treatment.

Cosmopolitan Constitution Principles

  • A cosmopolitical constitution inherently prohibits discrimination based on nationality, which is reinforced by European law.
  • This prohibition can be implemented in varying degrees of intensity, yet still ensures significant protections.
  • The constitution guarantees the right of people from outside of a nation to be able to participate in the democratic process, even virtually.

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