Radical democracy & the Rechtsstaat

CfA: ‘Radical democracy and the Rechtsstaat’ workshop

Location: Radboud University Nijmegen, The Netherlands

Date: September 12th, 2025

Confirmed speakers: Manon Westphal (TU Munich), Illan Wall (Galway)

Deadline for abstract submissions: June 8th, 23.59 (Amsterdam)

Convenors: Maxim van Asseldonk and Mathijs van de Sande

Radical democrats have rarely been engaged very deeply with about the rule of law or the Rechtsstaat. Either they were simply uninterested in the Rechtsstaat; or radical democratic theory was downright hostile to what was seen as undue limitations on the exercise of popular agency. Whatever their exact outlook, the Rechtsstaat is rarely seen as a pivot of the radical democratic conceptual architecture.

Philosophically, radical democratic critiques of the Rechtsstaat or rule of law often came from theorists on the left, alleging it to be part of a liberal ‘consensus politics’. By placing limits on the exercise of popular agency and shifting power towards the judiciary, the rule of law was claimed to empty democracy of its most important substantive content. However well-founded theoretically, this position is being overtaken by current political realities: democratic institutions or practices and the Rechtsstaat are actively being undermined by far-right aspiring autocrats.

These developments also have profound practical implications: freedom of protest is being curbed, the civil rights of migrants, transgender people and other marginalised groups are actively being taken away. Although radical democrats have typically strongly favoured democratic practices over institutional stability – such as that offered by the Rechtsstaat – it now seems that attacks aimed at the latter equally threaten the former.

These issues call for a renewed engagement of radical democratic theory with the Rechtsstaat. Should key radical democratic commitments – philosophical and practical – be harnessed for the defence of the rule of law – and, if so: how? What tensions exist between radical democratic thought and the Rechtsstaat? This 1-day workshop aims to contribute to such renewed engagement with the Rechtsstaat. Questions addressed by contributions to this workshop may include, but need not be limited to:

• How can radical democratic theory incorporate a more robust conception of the rule of law while maintaining its central political and philosophical commitments?
• What tensions persist between radical democracy and the Rechtsstaat, and how could they be eased (if at all)? Should they be eased?
• How do these tensions show in contemporary democratic practices, and what theoretical insights might these yield?
• Which key tenets of radical democratic thought may conflict with the rule of law (and why)?
• What is the distinction between the Rechtsstaat and the rule of law, and is it relevant in the context of radical democratic theory?
• Do established radical democratic thinkers offer valuable repertoires to rethink the rule of law in more democratically satisfactory ways?  

PROVISIONAL SCHEDULE: 

0845:Registration

0915-0930:Official opening & welcome (Maxim van Asseldonk and Mathijs van de Sande)

0945-1115:Panel 1 

TOWARDS A THEORY OF A MILITANT RULE OF LAW

Peter Verpoorten | Central European University

LIBERAL VERSUS DEMOCRATIC CONSTITUTIONALISM: THE CASE OF THE NETHERLANDS

Maarten Stremler | Maastricht University

VARIETIES OF CONSTITUTIONALISM: TOWARDS PERSPECTIVISM?

Massimo Fichera | Maastricht University

1115-1130: Coffee & tea

1130-1245:Keynote 1 

DEMOCRATIC STABILITY AND DEMOCRATIZING RUPTURE

Manon Westphal | TU München

1245-1345: Lunch

1345-1515: Panel 2 

THE RULE OF LAW FOR RADICALS

Matthew Haji-Michael | Central European University

LAW AS ONTOLOGICAL EXCLUSION: THE IMPOSSIBILITY OF WOMAN WITHIN THE RECHTSSTAAT

Ana Barbosa | Universidade do Porto

MAJORITY RULE OR RULE OF LAW? DEMOCRACY, POPULIST AND LIBERAL CONSTITUTIONALISM

Alessandro Volpi | Max Planck Institute for the Study of Crime, Security and Law

1515-1530: Coffee & tea

1530-1645: Keynote 2 

WHAT’S LEFT OF THE RIGHT TO PROTEST, WHEN A NEW WORLD IS BEING BORN?

Illan rua Wall | University of Galway and University of Warwick