The Democratic Legitimacy Of International Law
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The Democratic Legitimacy of International Law
Author | : Steven Wheatley |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 424 |
Release | : 2010-06-02 |
Genre | : Law |
ISBN | : 9781847315861 |
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The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
The Democratic Legitimacy of International Law
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Author | : Steven Wheatley |
Publsiher | : Hart Publishing |
Total Pages | : 0 |
Release | : 2010-06-02 |
Genre | : Law |
ISBN | : 1841138177 |
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The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
Democracy and Sovereignty
Author | : Daniel Erasmus Khan,Evelyne Lagrange,Stefan Oeter,Christian Walter |
Publsiher | : BRILL |
Total Pages | : 460 |
Release | : 2022-11-28 |
Genre | : Law |
ISBN | : 9789004508712 |
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Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.
Democratic Governance and International Law
Author | : Gregory H. Fox,Brad R. Roth |
Publsiher | : Cambridge University Press |
Total Pages | : 604 |
Release | : 2000-05-11 |
Genre | : Law |
ISBN | : 0521667968 |
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PART V CRITICAL APPROACHES.
The Promise of Human Rights
Author | : Jamie Mayerfeld |
Publsiher | : University of Pennsylvania Press |
Total Pages | : 320 |
Release | : 2016-05-27 |
Genre | : Law |
ISBN | : 9780812248166 |
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Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
Democratic Legitimacy
Author | : Fabienne Peter |
Publsiher | : Routledge |
Total Pages | : 177 |
Release | : 2009-01-13 |
Genre | : Business & Economics |
ISBN | : 9781134319244 |
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This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.
Governmental Illegitimacy in International Law
Author | : Brad R. Roth |
Publsiher | : Unknown |
Total Pages | : 476 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0199243018 |
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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Legitimacy Justice and Public International Law
Author | : Lukas H. Meyer |
Publsiher | : Cambridge University Press |
Total Pages | : 333 |
Release | : 2009-11-12 |
Genre | : Law |
ISBN | : 9780521199490 |
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"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.