The Relationship of Participatory Democracy to Participatory Law Formation
Indiana University Maurer School of Law
January 1, 2008
Indiana Journal of Global Legal Studies, Vol. 15, No. 1, 2008
Indiana Legal Studies Research Paper No. 101
While the traditional doctrinal formulation of customary international law has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in law making is brought into relief. In light of larger modern trends within international law, the participation of individuals in law formation requires further examination and theorization to harness and maximize its democratic promise and minimize its potential tendencies toward elitism and secrecy.
Number of Pages in PDF File: 15
Keywords: democracy, participatory democracy, law-making, law making, participatory law-making, customary international law, CIL
Date posted: January 20, 2008 ; Last revised: June 30, 2013
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