Tag: legitimacy

Choosing our political battles; the Rule of Law and democracy
European Politics · Post-Brexit Britain

Choosing our political battles; the Rule of Law and democracy

kingsstudent97Leave a comment

The Rule of Law is not simply a referee. It is not shorthand for ‘we must all play by the rules’, it is more important than that. Because the Rule of Law isn’t simply the presence of rules in our politics, but rather characterises the nature of those rules – or at least the standard those rules are supposed to aspire to. That is, to ensure fair government which aims to realise some conception of justice and prevent tyrannical rule.

A Treatise on European Government: Treaty
Democracy in Europe · The Future of Europe

A Treatise on European Government: Treaty

kingsstudent97Leave a comment

In reality, treaties are international law. Treaties are drafted by ministers of state and diplomats and not by the people to which they will apply; it is the states rather than their citizens, who are the High Contracting Parties. The treaties lack the democratic legitimacy of constitutional law. By making the member-states the ‘Masters of the Treaties’, the people are explicitly cut out from the pouvoir constituant, having only an indirect influence over the treaties’ content.