Showing 1 - 10 of 16
Persistent link: https://www.econbiz.de/10002725062
Persistent link: https://www.econbiz.de/10002725070
Persistent link: https://www.econbiz.de/10002725080
Persistent link: https://www.econbiz.de/10002725105
Persistent link: https://www.econbiz.de/10002725125
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10012731447
This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring puzzles in democratic theory, such as the...
Persistent link: https://www.econbiz.de/10012731878
Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable (occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test for non-discriminatory...
Persistent link: https://www.econbiz.de/10012734049
Does the effective protection of constitutional rights require a system of robust judicial review? This differs from the question of whether judicial review is democratically legitimate, although the two are often merged. The dominant liberal constitutional discourse concerning the requirement...
Persistent link: https://www.econbiz.de/10012762043
Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the...
Persistent link: https://www.econbiz.de/10012717414