Author (Person) | Nickel, Dietmar |
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Series Title | LAW Working Papers |
Series Details | No. 20, 2005 |
Publication Date | 2005 |
Content Type | Journal | Series | Blog |
In textbooks and in theory, law is a product of democratic procedures. In reality, however, the place of law production has moved to a significant degree from the domestic sphere into an emerging domain of supranational and international institutions, bodies, and organizations, public or private, which constitute and enforce “global law without a state” (G. Teubner). These developments appear to undermine the very foundations of democratic theory and practice. A global democracy is not in sight. But if we still take the concept of law seriously, and, with it, the normative assumption that norms need to be legitimised in order to be called ‘law’, then it is worth examining the possible functional equivalents to the norm-generating setting of the nation-state: participatory arrangements ensuring the involvement of civil society actors, stakeholders, and the public, in the arguing, bargaining, and reasoning processes of transnational regulation, procedural rights safeguarding these procedural positions, and courts |
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Source Link | Link to Main Source http://cadmus.iue.it/dspace/bitstream/1814/3765/1/WPLAWNo.200520Nickel.pdf |
Subject Categories | Politics and International Relations |
Countries / Regions | Europe |