The Constitution Of Social Democracy

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume’s editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic ‘failure’ of Weimar democracy in 1933.

Until now, The Question of Nationalities and Social Democracy was the only remaining work of classical Marxism not fully translated into English. First published in German in 1907, this seminal text has been cited in countless discussions at nationalism, from the writings of Lenin to Benedict Anderson's Imagined Communities. The issues Bauer addressed almost a century ago still challenge current debates on diversity and minority rights. In this remarkably prophetic text, Bauer foreshadowed current ethnic conflicts in the Balkans and in the former Soviet Union and advocated an early concept of multiculturalism. Attempting to reconcile Marxism with nationalism, Bauer called for a system of self-determination for ethnic communities in which extensive autonomy would be granted within a confederal, multicultural state -- Bauer's words, a "United States of Europe", with remarkable similarities to the contemporary European Union.

The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, and health care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.

The first full-length treatment of Ed Broadbent’s ideas and remarkable seven-decade engagement in public life Part memoir, part history, part political manifesto, Seeking Social Democracy offers the first full-length treatment of Ed Broadbent’s ideas and remarkable seven-decade engagement in public life. In dialogue with three collaborators from different generations, Broadbent leads readers through a life spent fighting for equality in Parliament and beyond: exploring the formation of his social democratic ideals, his engagement on the international stage, and his relationships with historical figures from Pierre Trudeau and Fidel Castro to Tommy Douglas, René Lévesque, and Willy Brandt. From the formative minority Parliament of 1972–1974 to the contentious national debate over Canada’s constitution to the free trade election of 1988, the book chronicles the life and thought of one of Canada’s most respected political leaders and public intellectuals from his childhood in 1930s Oshawa to the present day. Broadbent’s analysis also points toward the future, offering lessons to a new generation on how principles can inform action and social democracy can look beyond neoliberalism. The result is an engaging, timely, and sweeping analysis of Canadian politics, philosophy, and the nature of democratic leadership.