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...

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...

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...

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...

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...

The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity,...

Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national...

Both defenders and critics of judicial review assume that a special moral capacity is needed for a correct articulation of constitutional rights, although they disagree about who is likely to possess this moral capacity to a greater degree. In this comment I challenge such an assumption....

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...

Debates and controversies about the democratic legitimacy of the EU have of course accompanied the Union from the very beginning. The “democratic paradox” of the EU exists because while committing itself to promote and scrutinize democracy in its member states, in candidate states, and in...