Nulla Poena Sine Lege Parlamentaria? Democratic Legitimacy and European Penal Law

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


Author(s):  
Pierre Rosanvallon

It's a commonplace occurrence that citizens in Western democracies are disaffected with their political leaders and traditional democratic institutions. But this book argues that this crisis of confidence is partly a crisis of understanding. The book makes the case that the sources of democratic legitimacy have shifted and multiplied over the past thirty years and that we need to comprehend and make better use of these new sources of legitimacy in order to strengthen our political self-belief and commitment to democracy. Drawing on examples from France and the United States, the book notes that there has been a major expansion of independent commissions, NGOs, regulatory authorities, and watchdogs in recent decades. At the same time, constitutional courts have become more willing and able to challenge legislatures. These institutional developments, which serve the democratic values of impartiality and reflexivity, have been accompanied by a new attentiveness to what the book calls the value of proximity, as governing structures have sought to find new spaces for minorities, the particular, and the local. To improve our democracies, we need to use these new sources of legitimacy more effectively and we need to incorporate them into our accounts of democratic government. This book is an original contribution to the vigorous international debate about democratic authority and legitimacy.


2014 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  

Author(s):  
Robert B. Talisse

Democracy is an extremely important social political good. Nonetheless, there is such a thing as having too much of a good thing. When we overdo democracy, we allow the categories, allegiances, and struggles of politics to overwhelm our social lives. This has the effect of undermining and crowding out many of the most important correlated social goods that democracy is meant to deliver. What’s more, in overdoing democracy, we spoil certain social goods that democracy needs in order to flourish. Thus overdoing democracy is democracy’s undoing. A thriving democracy needs citizens to reserve space in their shared social lives for collective activities and cooperative projects that are not structured by political allegiances; they must work together in social contexts where political affiliations and party loyalties are not merely suppressed, but utterly beside the point. Combining conceptual analyses of democratic legitimacy and responsible citizenship with empirical results regarding the political infiltration of social spaces and citizens’ vulnerabilities to polarization, this book provides a diagnosis of current democratic ills and a novel prescription for addressing them. Arguing that overdoing democracy is the result of certain tendencies internal to the democratic ideal itself, the book demonstrates that even in a democracy, politics must be put in its place.


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