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

See all articles by Oliver Gerstenberg

Oliver Gerstenberg

University College London - Faculty of Laws; Program in Law and Public Affairs, Princeton University

Date Written: August 24, 2019

Abstract

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

Gerstenberg, Oliver, Radical Democracy and the Rule of Law: Reflections on J. Habermas’ Legal Philosophy (August 24, 2019). International Journal of Constitutional Law, Volume 17, Issue 4, October 2019, Pages 1054–1058, Available at SSRN: https://ssrn.com/abstract=3699528

Oliver Gerstenberg (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Program in Law and Public Affairs, Princeton University

Wallace Hall
Princeton, NJ 08544
United States

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