Kuo, Ming-Sung Democracy and emergency : finding the constitutional foundation of the knowledgeable state in social dynamics. Journal of Law and Society . doi:10.1111/jols.12432 ISSN 0263-323X. (In Press)

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Abstract

This article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to the ‘knowledgeable state’ by setting a unique social dynamic in motion: the ‘epistemico-political constitution’. Using the example of the World Health Organization's initial response to the COVID-19 pandemic, a the article presents a two-part argument. First, constitutional ordering institutes a process of knowledge production embedded in the interaction between the state and society – a unique law–society dynamic – that responds to governance needs. Second, given the current law–society dynamic in the suprastate political landscape, the legitimacy challenge facing expertise-steered global governance is further intensified as more crisis responses are expected from outside the state.

Item Type:	Journal Article
Subjects:	B Philosophy. Psychology. Religion > BD Speculative Philosophy J Political Science > JC Political theory K Law [Moys] > KA Jurisprudence
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Sociological jurisprudence, Democracy, Epistemic logic -- Political aspects, Knowledge, Theory of, COVID-19 (Disease), World Health Organization
Journal or Publication Title:	Journal of Law and Society
Publisher:	Wiley-Blackwell Publishing Ltd.
ISSN:	0263-323X
Dates:	Date Event UNSPECIFIED Published 28 July 2023 Available 17 June 2022 Accepted
DOI:	10.1111/jols.12432
Status:	Peer Reviewed
Publication Status:	In Press
Access rights to Published version:	Open Access (Creative Commons)
Copyright Holders:	© 2023 The Author. Journal of Law and Society published by John Wiley & Sons Ltd on behalf of Cardiff University (CU).
Date of first compliant deposit:	20 June 2022
Date of first compliant Open Access:	23 August 2023
Related URLs:	Publisher

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