Chapter

More Law, Less Democracy?

Petra Dobner

in The Twilight of Constitutionalism?

Published in print February 2010 | ISBN: 9780199585007
Published online May 2010 | e-ISBN: 9780191723469 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585007.003.0007

Series: Oxford Constitutional Theory

More Law, Less Democracy?

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This chapter examines the practical effects of the dissolution of law and democracy and the normative desirability of promoting democratised law. The first section recalls the mutual constituency of state, democracy, and constitution; identifies the major drivers for processes of deconstitutionalisation; and interprets them as indicators of a loosening relationship between democratic legitimacy and constitutional law within the state. The second shows how and why the move towards global law does not compensate for the losses in democratic legitimacy, and instead adds to it. The third section presents and evaluates the most salient normative approaches in the neo-Kantian tradition, which claim to present an answer to the open question of the democratic legitimacy of global law. Finally, the last section takes a deflated outlook on the prospects of a fully legitimised rule of law in the globalised world.

Keywords: law; democracy; state; constitution; rule of law

Chapter.  10207 words. 

Subjects: Constitutional and Administrative Law

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