A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.

Cracking the USA? Interpreting UK-to-US TV Drama Translations

For well over half a century, British TV drama production has both inherited from and aimed to appeal to nations and cultures beyond the UK, particularly the lucrative (yet notoriously tough) US TV market. However, in the context of mainstream American broadcasting, British-produced imports have never been anything more than a peripheral presence on US small screens. A currently prominent production strategy aiming to counter the mainstream US TV market's aversion to foreign-sourced drama, in an attempt to access prime-time broadcasting positions, is a process which can be labelled as UK-to-US TV drama ‘translation’: the ‘recreation’ of British-based dramas within an American cultural framework. Whilst the cultural reconfiguration of game show and reality/lifestyle TV formats has received heightened critical attention in recent years, investigation into the international translation of TV drama remains less developed. This paper investigates both the internal textual operations and the external production dynamics involved in the process of UK-to-US TV drama translation, drawing on direct interview material from industry professionals. The UK and US versions of the crime drama Cracker constitute the core translation case study, utilising the close analysis of text and production context as a lens through which to examine the mechanics of UK-to-US TV drama translation.