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Rule of Law vs Majoritarian Democracy

Rule of Law vs Majoritarian Democracy

Author: Giuliano Amato; Benedetta Barbisan; Cesare Pinelli
Publisher: Hart Publishing
ISBN: 9781509948376

Published In: March 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509936847

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What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds?

Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power?

With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes:

- The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation

1. Introduction

Giuliano Amato (Italian Constitutional Court)

PART I. WHAT IS THE RULE OF LAW ABOUT?

2. Rule of Law Between XVIIth and XIXth Century

Paolo Alvazzi del Frate and Alberto Torini (Universita di Roma Tre, Italy)

3. Rule of Law Metamorphoses in the Twentieth Century

Luigi Lacche (University of Macerata, Italy)

4. Rule of Law and Democracy

Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany)

5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission's Communication Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov (CEU Democracy Institute)

PART II. THE PEOPLE

6. The People v. Democracy? The Populist Challenge to Judicial Review Justin Collings (Brigham Young University, USA)

7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law Simone Chambers (University of California at Irvine, USA)

8. Elite vs People Yves Meny (Scuola Superiore Sant'Anna, Italy)

9. The Double Fiction of the People

Cesare Pinelli (University of Rome Sapienza, Italy)

10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood

Jan-Werner Muller (Princeton University, USA)

11. Does Illiberal Democracy Exist?

Gabor Halmai (European University Institute, Italy)

12. Majority Rule, Democracy, and Populism: Theoretical Considerations

Wojciech Sadurski (University of Sydney, Australia)