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The contribution provides a reconstruction of Wolfgang Abendroth’s approach to the constitution as ‘social compromise’. It clarifies the historical background and asks for its potential with regard to current challenges of constitutionalisation. In the initial part, it is demonstrated how the concept of ‘balance of social forces’ was used in the context of the labour movement in Austria and Germany in order to approach constitutional issues. Then, it is argued that this approach can make sense of the subsequent evolution of constitutionalism and international law after the second-world war. It is argued, however, that its main weakness consists in the focus on the central role of industrial labour within social conflicts: The constitutional compromises were often affected or even shifted by unforeseen agents of change which exceeded the sphere of blue-collar workers. Finally, the contribution addresses how Abendroth’s approach can be used in order to refine current attempts to re-establish a ‘balance of social forces’ through either hybrid constitutionalisation (sociological constitutionalism) or counter-institutions (plebian constitutionalism).
Jurgen Habermas's crucial early contributions to political theory should be grouped alongside a handful of other influential works from the same historical juncture, each of which was driven by a strikingly parallel interest in salvaging the political and, even more specifically, a vision of political action capable of countering the ominous authoritarian and totalitarian options widely embraced in the twentieth century. Schmitt is a key target not only in Habermas's early political writings but also in his latest discussions of globalization and the prospects of post-national democratization. The systematic attempt in Between Facts and Norms to draw integral links between and among radical democratization, the rule of law, and a reflexive welfare state contains significant remnants of Abendroth's original critical response to post-war German Schmittians who sharply juxtaposed the rule of law to an ambitious model of the welfare state, seeing the latter as necessarily incongruent with the former.
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