Papers by Felix Petersen
Philosophy and Social Criticism
This article intervenes in the debate on populism and democratic reform. Assuming that neither pr... more This article intervenes in the debate on populism and democratic reform. Assuming that neither progressive populist counter-projects nor reforms broadening participation or deepening deliberation provide an immediate and realistic solution to the problematic political condition, the article engages with John Dewey’s work and presents a democratic praxis focused on problem-solving as the most promising remedy to the populist challenge. The analysis shows that Dewey conceptualizes human action as inherently focused on problem-solving, which allows him to think democracy as an associated activity to articulate and solve problems through public inquiry. Drawing on the critique that powerful groups prevent democratic problem-solving activities, I develop his argument that a problem-centered democratic project must attach itself to ‘wants and interests that are actually operating’.
Published last year in Philosophy and Social Criticism, you can find the full paper open access here: https://journals.sagepub.com/doi/full/10.1177/01914537221114917
Bookmarks Related papers MentionsView impact
Philosophy & Social Criticism
In this special issue, we draw on pragmatist political and social theory and philosophy to illust... more In this special issue, we draw on pragmatist political and social theory and philosophy to illustrate the creative potential of this intellectual tradition for thinking about the numerous crises that haunt liberal democratic societies today. The introduction identifies five overlapping problem constellations (demise of public power, lasting consequences of inequality, pluralization of society, return of authoritarian practices and globalization of the world) that have driven the recent rise of undemocratic or authoritarian patterns of social organization and political rule. Against this backdrop, we conclude that the revitalization of certain dimensions of liberal democracy will not suffice to overcome these problems, which means that democratic practices need radical rethinking and reconceptualization. For this intellectual and political endeavour, we argue, pragmatism provides a suitable framework to identify problems that require resolution and define and mobilize collective prob...
Bookmarks Related papers MentionsView impact
The European Legacy, 2022
Montesquieu is often regarded as the thinker who discovered the relevance of fundamental principl... more Montesquieu is often regarded as the thinker who discovered the relevance of fundamental principles such as rule of law or separation of powers. Nevertheless, systematic research on his state theory is surprisingly limited. This article contributes to the study of Montesquieu's state theory, arguing that his masterpiece, Spirit of the Laws, points to a theory of the non-arbitrary state. To this effect, Montesquieu's comparative study of various governments demonstrates that modern liberty depends on the rule of law. As many states had laws but few guaranteed liberty, he stressed that the rule of law requires the separation of the judicial from the legislative and executive powers. The constitution of an independent judicial branch separates a sphere of justice from a political sphere, which creates the basic structure of the non-arbitrary state. Depending on the distribution of power in either of the two spheres, non-arbitrary states can guarantee their citizens more or less liberty. The concept of the non-arbitrary state illuminates Montesquieu's significance for various political projects that emerged in the age of revolutions.
Bookmarks Related papers MentionsView impact
History of European Ideas, 2021
This article discusses recent scholarly endeavours to rethink form and principles of Rousseau’s p... more This article discusses recent scholarly endeavours to rethink form and principles of Rousseau’s political theory. Michael Sonenscher’s "Jean- Jacques Rousseau: The Division of Labour, the Politics of the Imagination and the Concept of Federal Government" (2020) is in the limelight of the analysis. Following a brief introduction into the general debate on Rousseau’s political thought, the article reconstructs Sonenscher’s argument that Rousseau was essentially a theorist of a federal government system. While Sonenscher achieves what earlier interpretations have failed to accomplish, that is, to give Rousseau’s state a form, the discussion underscores that he leaves open the question how this federal government system is supposed to function. The article concludes that Rousseau’s fragmentary ideas on constitutional government can provide an answer to this question, as they shed light on the framework that allowed him to combine will (the sovereign people) and force (the government) in the political organization of a democratic state.
Bookmarks Related papers MentionsView impact
Zeitschrift für Politik (ZfP), 2018
Bookmarks Related papers MentionsView impact
The Turkish Constitutional Court is often described as an agent of the raison d'etat. Although a ... more The Turkish Constitutional Court is often described as an agent of the raison d'etat. Although a number of judgements confirm this assessment, by shifting the focus from result to process the article reveals that judicial decision-making processes in the Turkish Court are more than often contestatory and determined by slim majorities. Modelling judicial decision-making as a process of competitive social construction , the article analyses judgements on constitutionality of surname laws visa -vis women. The findings demonstrate that though the ultimate judicial ruling may be tainted by extrajudicial considerations, tight votes signal that today's dissenters can easily become tomorrow's majority.
Bookmarks Related papers MentionsView impact
Zeitschrift für Politik, 2018
The concept of »constitutional boundaries« provides analytical access to the problems of modern c... more The concept of »constitutional boundaries« provides analytical access to the problems of modern constitutionalism. Modern constitutions do not only limit the state externally (towards its citizens) but also internally (by dividing the competences between different state bodies). In addition to this active drawing of boundaries, modern constitutions are limited by political, economic, legal, and social factors that lie outside the constitution. Furthermore, different constitutional orders limit each other in territorial and sectoral terms. This article summarizes the results of the different contributions to this special issue and examines the analytical potential of the concept of »constitutional boundaries«. In concluding, the article reconstructs key methodological challenges and research questions for comparative constitutional research.
Bookmarks Related papers MentionsView impact
Zeitschrift für Politik, 2018
Introduction to: Michael Hein, Felix Petersen & Silvia von Steinsdorff (eds.), Die Grenzen der Ve... more Introduction to: Michael Hein, Felix Petersen & Silvia von Steinsdorff (eds.), Die Grenzen der Verfassung [Constitutional Boundaries] (= Zeitschrift für Politik, Special Issue 9). Baden-Baden: Nomos 2018.
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Books by Felix Petersen
The Constitutional Court of Turkey
This interdisciplinary study portrays the Constitutional Court of Turkey, which has asserted itse... more This interdisciplinary study portrays the Constitutional Court of Turkey, which has asserted itself for 60 years in a political system marked by repeated episodes of authoritarianism. The book reconstructs the incomplete institutionalisation of the court as well as essential dogmatic lines of conflict and methodological inconsistencies in its jurisprudence. The authors’ detailed analysis and documentation of fifty key decisions proves the court's general commitment to the rule of law and democracy, but it equally highlights the glaring discrepancies and contradictions in its decisions. As a result, this seminal work provides conceptual insights into the role of constitutional courts in the grey zone between democracy and autocracy far beyond the Turkish case.
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Cambridge University Press, 2019
This book offers an in-depth account of the failure of popular constitution making in Turkey from... more This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013. The aim to include different segments of society and political parties in constitution making makes this process an anomaly in the otherwise authoritarian history of Turkish constitutional politics. In the end, however, long-standing societal divides regarding political, cultural and religious diversity that were amplified in the negotiations led to the failure of the process. Most notably, the ruling AKP’s insistence on establishing a presidential system – supported by neither the other three political parties nor the public – destabilized the process and exacerbated distrust among the drafters. In addition, unfavorable procedures (unrealistic deadline and unanimity principle to adopt articles) prevented consensus and allowed the AKP to hijack the process. The failure of popular constitution making in 2013 was a missed opportunity for democratization before Turkey plunged into full-fledged democratic backsliding.
Bookmarks Related papers MentionsView impact
Zeitschrift für Politik (ZfP), 2018
Hein | Petersen | von Steinsdorff (Hrsg.) Von den " Grenzen der Verfassung " ist seit dem frühen ... more Hein | Petersen | von Steinsdorff (Hrsg.) Von den " Grenzen der Verfassung " ist seit dem frühen 19. Jahrhundert die Rede. Die politik-und rechtswissenschaftlichen Beiträge des Sonderbandes gehen der Frage nach, ob und in welcher Weise der Grenzbegriff für die verfassungspolitische Analyse systematisch fruchtbar gemacht werden kann.
http://www.nomos-shop.de/Hein-Petersen-von-Steinsdorff-Grenzen-Verfassung/productview.aspx?product=37879
Bookmarks Related papers MentionsView impact
Book Chapter by Felix Petersen
Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022
Bookmarks Related papers MentionsView impact
Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Okulare Demokratie
Bookmarks Related papers MentionsView impact
Okulare Demokratie: Der Bürger als Zuschauer, 2017
Bookmarks Related papers MentionsView impact
Constitutional Politics in Central and Eastern Europe., 2016
This chapter analyses constitutional amendments in the Russian Federation (1993–2014). We show th... more This chapter analyses constitutional amendments in the Russian Federation (1993–2014). We show that in the phase of constitution-making a problematic path was adopted when the El'cin administration promoted a basic law advantaging the executive. The praxis of constitutional amendment in the Russian Federation is discussed in three dimensions: First, concerning amendments to Art. 65, which regulates the structure of the federal republic; second, concerning changes to the structure or principles of the constitutional system; third, concerning de facto constitutional amendments through ordinary laws. In particular, a combination of amendments of the second and third dimensions substantially centralized the constitutional regime over the past 20 years, moving it toward an authoritarian state order. The Russian praxis of constitutional amendment is here classified as authoritarian constitutionalism.
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Uploads
Papers by Felix Petersen
Published last year in Philosophy and Social Criticism, you can find the full paper open access here: https://journals.sagepub.com/doi/full/10.1177/01914537221114917
Books by Felix Petersen
http://www.nomos-shop.de/Hein-Petersen-von-Steinsdorff-Grenzen-Verfassung/productview.aspx?product=37879
Book Chapter by Felix Petersen
Published last year in Philosophy and Social Criticism, you can find the full paper open access here: https://journals.sagepub.com/doi/full/10.1177/01914537221114917
http://www.nomos-shop.de/Hein-Petersen-von-Steinsdorff-Grenzen-Verfassung/productview.aspx?product=37879
(Published in: In Rehder/Schneider (Eds.), Gerichtsverbünde, Grundrechte und Politikfelder in Europa, 179-231. Baden-Baden: Nomos, 2016.)