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Secularisation of the Politics of Law: On Roots of Liberal Democracy

CEU Political Science Journal, Vol. 6, No. 4, pp. 596-614, 2011

19 Pages Posted: 8 Jan 2012  

Candan Turkkan

University of Massachusetts Amherst

Date Written: January 8, 2012

Abstract

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.

Keywords: secularization, law, legality, liberal democracy, identity, representation

Suggested Citation

Turkkan, Candan, Secularisation of the Politics of Law: On Roots of Liberal Democracy (January 8, 2012). CEU Political Science Journal, Vol. 6, No. 4, pp. 596-614, 2011. Available at SSRN: https://ssrn.com/abstract=1981405

Candan Turkkan (Contact Author)

University of Massachusetts Amherst ( email )

Thompson Hall
Amherst, MA 01003
United States

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