Poverty, Democracy and Constitutional Law

The Rule of Law and the Legitimacy of Constitutional Democracy

The rule of law is a cornerstone of contemporary constitutional democracy1 as was underscored by its role in cementing the recent transitions from authoritarian or totalitarian regimes2 to constitutional democracy in Eastern Europe and elsewhere.3 In the broadest terms, the rule of law requires that the state only subject the citizenry to publicly promulgated laws, that the state’s legislative ...

Constitutional Democracy and Public Judgements

This paper proposes a new conceptual framework of a liberal social order, which emphasizes the freedom of action in social interaction and the freedom of participation in social rule-making process. Our articulation of public decision-making process can be interpreted as a formal way of capturing the essence of constitutional democracy, which is an impure mixture of constructivist rationalism a...

Constitutional Law

The digital constitutional state: Democracy and law in the information society

What are the consequences of the ongoing process of informatisation for the democratic constitutional state? To answer this question a topical perspective of the constitutional state is provided. In this perspective, the constitutional state is portrayed as a 'house', an edifice to which new storeys and rooms have been added and furnished over the course of centuries. Each storey of this edific...

Terri's Law and democracy.

As one can tell from the articles prepared for this Symposium, the litigation concerning Terri’s Law and that more broadly dealing with Theresa Marie Schiavo’s “right to die” has many implications. Other participants have discussed the ways in which this epic litigation saga implicates the proper interpretation of the Florida Constitution,1 advance directives,2 and how the litigation fits into ...