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The idea of self-legislation, on which a large part of democratic and constitutional theory is based, has become untenable. The legitimization of power by the sovereign will of the people is undermined by a law that is formed from the cross-border entanglements of different legal systems.
Johannes Haaf undertakes a redefinition of the relationship between law, rule and democracy in the transnational constellation. To this end, he draws on Claude Lefort's conception of human rights. These can also become effective as a medium of democratic representation in the context of the respective forms of delimitation (Entgrenzungsformen) that characterize the process of transnational law-making. The study shows that the relationship between subjective entitlement and democratic empowerment requires new ways of formalizing opportunities for participation.
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Keywords
- thema EDItEUR::L Law
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DOI: 10.5771/9783748950424Editions