Democracy as the Legitimating Condition in the UK Constitution

24 Pages Posted: 27 Jun 2017

See all articles by Jo Eric Khushal Murkens

Jo Eric Khushal Murkens

London School of Economics - Law Department

Date Written: May 19, 2017

Abstract

The UK constitution is either theorised as a political constitution that is premised on the Westminster model of government or as a legal constitution that rests on moral principles, which the common law is said to protect. Both models conceive of democracy in procedural terms, and not in substantive terms. However, the democratic legitimacy of laws stems from a complex constellation of conditions that no longer involves popular or parliamentary sovereignty alone. This article explores three questions. First, in what situation does the absence of a concrete understanding of democracy become an inescapable problem for constitutional law? Second, to what extent are the existing constitutional models democratically deficient? Third, what precisely must democracy prescribe as the indispensable condition for political legitimacy?

Suggested Citation

Murkens, Jo Eric Khushal, Democracy as the Legitimating Condition in the UK Constitution (May 19, 2017). LSE Legal Studies Working Paper No. 8/2017. Available at SSRN: https://ssrn.com/abstract=2971242 or http://dx.doi.org/10.2139/ssrn.2971242

Jo Eric Khushal Murkens (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jo-murkens.htm

Register to save articles to
your library

Register

Paper statistics

Downloads
129
rank
216,952
Abstract Views
549
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information