Full Description
This book delves into the core of representative democracy in order to explain its main features - institutional and imaginary - and to show the reasons for its increasing dysfunctionality. The collection explores the constitutional imaginaries of representation. It outlines the main factors influencing the failures of representative democracy, in an age of constitutional crisis and transition, being gradually deconstructed via tendencies toward authoritarianism and technocracy. Special attention is devoted to the impact of the politics of fear on representative democracy. The analysis shows the main challenges stemming from national, international, transnational, and supranational technocracy produced by the increased role of administration, agencies, and courts. It exposes representative democracy as a composite phenomenon stretched between reason and emotions and between the constitutional past, present, and future. The volume will be of interest to researchers, academics, and policymakers working in the areas of constitutional law and politics, comparative constitutional law, administrative law, human rights law, and theory and philosophy of law.
Contents
Introduction; Part I. The Imaginary Foundations of Representative Democracy; 1. Imaginaries of Representation: There and Back Again; 2. Programmatic Government Beyond Conceptual Distinctions; 3. Channeling Symbolic Political Representation through Law; Part II. Crisis, Fear and Their Impact on Representative Democracy; 4. The Global pandemic as a challenge to representative democracy; 5. Crisis, Fear, and Deliberation. Appeals to Pathos in the Covid-19 Debate in Dutch Parliament; 6. Fake News and Democracy: A Lesson from Covid-19 Pandemics; Part III. Agencification, Transnational Administrative Networks and the Future of Representative Democracy: Democratic-Technocratic (Dis)Balance and Trends Towards Technocracy, Bureaucracy and Expertocracy? 7. Administrative Legislative Policy in EU National Communities: Assessing Benefits and Risks Amidst the Globalization of Law; 8. The role of administration as political actor under the rule of law - the case of the European Strategy for Data; 9. Coherence in diversity? Exploring the institutional dynamic of enforcement networks in the EU Internal Market; Part IV. International, Transnational, and Global Dimensions of Representative Democracy; 10. Democracy and the Rights of Representation in the Case Law of the European Court of Human Rights; 11. Global democracy. Between People's Representation and Participation
