The Horizontal Revolution

The Horizontal Effect Revolution and the Question of Sovereignty

That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.

The Spirit of Revolution

In recent years, feminist and queer theory have effectively disavowed both “the human” and revolutionary politics. In the face of massive geopolitical crisis, posthumanists have called for us to reconsider fundamentally the superiority and centrality of mankind and “the human,” and question how Man can presume to change the world by revolutionary action, particularly when Marx’s dreams seem to have been swept into the dustbin of history. This provocative book reaffirms what is most basic in feminism – the attack on the “universality” and sovereignty of Man – but contends that the only way this can mean anything other than pessimistic rhetoric is to embrace human agency and the struggle against colonialism and capitalism. In a series of “creolized” readings – Foucault with Ali Shari’ati, Lacan with Fanon, and Spinoza with Sylvia Wynter – the authors demonstrate what is at stake in the ongoing debate between humanism and posthumanism, putting this debate in the context of contemporary global crises and the possibilities of revolution. In its defense of “political spirituality,” this book pushes for a new trajectory in response to the gross inequalities of today, one that offers us a very different view of revolution and its present-day potential.

Annual Report of the Board of Regents of the Smithsonian Institution