Constitutional Law | Law
Center for Law and Philosophy
Why democracy? Institutions of government and others must meet conditions of legitimacy. Why? and what are they? what are principles of legitimacy, like the principle of subsidiarity? and how does democracy fit in a theory of legitimacy? The paper surveys what it takes to be the seven most important advantages of democratic government: civil and political rights, more extensive opportunities for people to engage in public affairs, responsiveness to the expressed preferences of the people, stability, peaceful transfer of power, loyalty and solidarity. It then considers the role of legitimation in securing these advantages. These reflection lead to the question whether other regimes can secure the same advantages? And more importantly: given that all democratic regime rely also on non-democratic institutions, how are we to debate questions like how much democracy is needed? A question which arises within a single regime and in the interaction between several, say national and international, regimes.
The Democratic Deficit,
King's College London Dickson Poon School of Law Legal Studies Research Paper No. 2018-07; Oxford Legal Studies Research Paper No. 63/2017; Columbia Public Law Research Paper No. 14-587
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