Secularisation of the Politics of Law: On Roots of Liberal Democracy
University of Massachusetts Amherst
January 8, 2012
CEU Political Science Journal, Vol. 6, No. 4, pp. 596-614, 2011
This paper offers a theoretical analysis of the interplays of secularization in the sphere of law and the sources of legality in liberal democracies. First section focuses on the sphere of law, and argues that not only its form and content, but also its enforcement has become secular. These surely happen simultaneously with secularization in a different yet related aspect of governance – namely, the practices of law-making. The following section argues that secularization in this particular area of who makes the law has taken place in conjunction with the rise of liberal, parliamentary, constitutional democracy that attributes the constituent power of the politico-legal system to the people. A direct effect of this is observable in the ways people identify (identity) with the politico-legal system and how the system represents (representation) the people have changed; this is extensively discussed in the last section.
Number of Pages in PDF File: 19
Keywords: secularization, law, legality, liberal democracy, identity, representation
Date posted: January 8, 2012