Moment of stasis: the successful failure of a constitution for Europe

The 2005 French and Dutch negative votes on the Constitution open up a space of conceptualisation, not only of Europe's relation to its demos, but significantly to its failures. Through a critical analysis of mainly Niklas Luhmann's systems theory, the article proposes taking a distance from traditional constitutional dogmatics that are no longer capable of dealing with the paradox of contemporary society, and more specifically with the eventual resurgence of the European project as one of absence and stasis: the two terms are used to explain the need, on the one hand, to maintain the 'absent community' of Europe, and, on the other, to start realising that any conceptualisation of the European project will now have to take place in that space of instability and contingency revealed by the constitutional failure. The relation between law and politics, the location of a constitution, the distinction between social and normative legitimacy, the connection between European identity and demos, and the concept of continuity between constitutional text and context are revisited in an attempt to trace the constitutional failure as the constitutional moment par excellence.

The Location of Cultural Authenticity: Identifying the Real and the Fake in Urban Guizhou

This article examines notions of cultural identity and authenticity and how these notions are articulated in the small city of Kaili in Guizhou Province, an ethnically diverse region. Despite its urban status, Kaili has been branded by the local government as a yuanshengtai tourist destination. This Chinese term literally translates as “original ecology” but is used in ordinary conversation to denote a cultural authenticity in which people exist in quiet harmony with nature. Promotional literature uses the term to tout the ethnic cultural practices that mainly occur in the villages of Kaili’s municipal periphery. In contrast, many local urban inhabitants—although amenable to the promotion of Kaili as a tourist destination—have rejected the notion that the city itself could be considered culturally authentic, and proudly declare themselves “fake” ethnic minorities, as against the “genuine” ethnic people of surrounding villages. These small-city inhabitants have also defined themselves against big-city visitors by attributing to the visitors a naïve fascination with cultural authenticity, while themselves remaining aloof from such practices. The cultural authenticity discourse in Kaili has thus facilitated a reordering of social and spatial hierarchies, as blasé small-city residents define themselves against both culturally authentic rural people and authenticity-seeking big-city tourists. In analyzing this, the article draws out the broader implications regarding PRC notions of ethnicity, cultural practices, heritage, and identity.