SUMMARY: 1. THE EVOLUTION OF THE RULE OF LAW: THE FUNCTION OF THE LEGISLATURE IN A FREE SOCIETY UNDER THE RULE OF LAW. 2. MAJORITY RULE AND THE TRANSFORMATION OF THE SOCIAL CON- TRACT. 3. THE PERSISTENCE OF THE ‘MAJORITY–BASED RULE OF LAW’ IN CONTEMPORARY DEMOCRACIES DESPITE ITS NEGATIVE IMPACT ON CONSTITUTIONAL PLURALISM AND THE FUNDAMENTAL INTER- ESTS OF MINORITIES. 4. RETHINKING THE RULE OF LAW FROM A CONSENSUS DEMOCRACY PERSPECTIVE. 4.1. The Mutual Veto in the European Context. 4.2. Liberal Veto vs Corporate Veto. 5. CONCLUSION: THE NEED TO RESTRAIN THE “MAJORITY–BASED RULE OF LAW”, ES- PECIALLY IN THE EUROPEAN CONTEXT.
MAJORITY RULE AND ITS CHALLENGE TO THE RULE OF LAW: DEFENDING CONSTITUTIONAL PLURALISM IN EUROPE
matteo frau
2025-01-01
Abstract
SUMMARY: 1. THE EVOLUTION OF THE RULE OF LAW: THE FUNCTION OF THE LEGISLATURE IN A FREE SOCIETY UNDER THE RULE OF LAW. 2. MAJORITY RULE AND THE TRANSFORMATION OF THE SOCIAL CON- TRACT. 3. THE PERSISTENCE OF THE ‘MAJORITY–BASED RULE OF LAW’ IN CONTEMPORARY DEMOCRACIES DESPITE ITS NEGATIVE IMPACT ON CONSTITUTIONAL PLURALISM AND THE FUNDAMENTAL INTER- ESTS OF MINORITIES. 4. RETHINKING THE RULE OF LAW FROM A CONSENSUS DEMOCRACY PERSPECTIVE. 4.1. The Mutual Veto in the European Context. 4.2. Liberal Veto vs Corporate Veto. 5. CONCLUSION: THE NEED TO RESTRAIN THE “MAJORITY–BASED RULE OF LAW”, ES- PECIALLY IN THE EUROPEAN CONTEXT.File in questo prodotto:
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