Radical Democracy and the Rule of Law: Reflections on J. Habermas’ Legal Philosophy
International Journal of Constitutional Law, Volume 17, Issue 4, October 2019, Pages 1054–1058
Posted: 14 Nov 2020
Date Written: August 24, 2019
I met Jürgen Habermas thirty years ago at around the time when he completed his Between Facts and Norms. In that book, Habermas defended a provocative thesis — the view that “in the age of a completely secularized politics, the rule of law cannot be had without radical democracy.”1 I believe this view to be essentially correct and, with hindsight, would like to explore some of its key intellectual motivations that explain why this view remains relevant and provocative in contemporary discourse — but also add a challenge.
Keywords: radical democracy, rule of law, courts, proceduralisation, discourse theory
JEL Classification: K
Suggested Citation: Suggested Citation