The Unfreedom of the Moderns in relation the ideals of constitutional democracy

Modern Law Review 65 (2):204-228 (2002)
  Copy   BIBTEX

Abstract

The paper is a critical survey of the last ten years of research on the principles of legitimacy of constitutional democracy and their application in practice in Europe and North America. A constitutional democracy is legitimate if it meets the test of two principles: the principles of democracy or popular sovereignty and of constitutionalism or the rule of law. There are three contemporary trends which tend to conflict with the principle of democracy and thus diminish democratic freedom. There are three responses to the lack of legitimacy of these three trends. The first is to downplay the principle of democracy in order to endorse the three trends. The second is to uphold the principle of democracy, in the form of deliberative constitutional democracy, in order to criticise aspects of the three trends and to call for further democratisation. The third trend deepens this critical response by tying the test of democratic legitimacy more closely to case studies of attempts by citizens to exercise their democratic freedom.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,038

External links

  • This entry has no external links. Add one.
Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Nonconstitutional Amendments.Richard Albert - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):5-47.
Democracy as Popular Sovereignty.Filimon Peonidis - 2013 - Lanham USA: Lexington Books.
Constitutionalism and Democracy.Jon Elster & Rune Slagstad (eds.) - 1988 - Cambridge University Press.
Judicial Review, Constitutional Juries and Civic Constitutional Fora: Rights, Democracy and Law.Christopher Zurn - 2011 - Theoria: A Journal of Social and Political Theory 58 (127):63-94.
Strong popular sovereignty and constitutional legitimacy.George Duke - 2017 - European Journal of Political Theory 19 (3):354-374.
Between Common Law Constitutionalism and Procedural Democracy.Tamas Gyorfi - 2013 - Oxford Journal of Legal Studies 33 (2):317-338.
Constitutionalism and democracy.Richard Bellamy (ed.) - 2006 - Burlington, VT: Ashgate.

Analytics

Added to PP
2019-05-13

Downloads
0

6 months
0

Historical graph of downloads

Sorry, there are not enough data points to plot this chart.
How can I increase my downloads?

Author's Profile

James Tully
University of Victoria

References found in this work

No references found.

Add more references