The Counterfactual Yardstick
Normativity, Self-Constitutionalisation and the Public Sphere
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Beschreibung
The book discusses a democratic legitimation for modern law. Debates on Europeanisation are taken into account. Ronald Dworkin’s, Neil MacCormick’s and Jürgen Habermas’s standpoints on relations between the law and the public sphere are investigated. Concepts of self-reflexive polity, self-constitutionalisation, constitutional patriotism are analysed.
The chief concern of this book is to discuss a democratic legitimation for modern law. Investigation is therefore steered towards current debates on processes of Europeanisation and the issue of self-constitutionalisation of a democratic polity. This turns out to be a complex concept referring to the threefold constitutionalisation: legal, institutional and horizontal, and hence to processes of evolutionary constitution making as well as institutional and societal constitutionalisation. Developing democratic legitimation in post-conventional terms rests on the presumption of increasing the processes of incrementally rationalising lifeworlds and unveils the role of the practical power of judgement transferred from the concept of a (monological) subject to the (dialogical-discursive) public spheres.
Autor*in
Karolina Cern
Themen in »The Counterfactual Yardstick«
Cern Constitutionalisation Counterfactual demokratische Legitimation Konstitutionalisierung Normativity öffentlicher Raum Public Self Sphere Verfassungspatriotismus Yardstick