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6 - Democracy and the rule of law

Published online by Cambridge University Press:  22 September 2009

Antje Wiener
Affiliation:
University of Bath
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Summary

The rule of law thus stands in the peculiar state of being the pre-eminent legitimating ideal in the world today without agreement on what precisely it means.

(Tamanaha 2004: 4; emphasis in original)

Introduction

Two changes in world politics have contributed to the enhanced contestation of normative meanings. Firstly, increasing interaction between communities which are considered – and consider themselves – as belonging to the group of civilised nations in world politics has raised the level of contestedness of norms (compare Table 4.1, condition 3). Secondly, the increasingly routine application of fundamental norms as conditionalities that stand between candidacy and membership of international communities has turned fundamental norms into organising principles. It has also undermined the role of these norms, as substantive meaning has given way to function as a hurdle of sophistication with regard to ‘universal’ standards of democratic governance. In the light of the on-going enlargement negotiations at the time of the interviews (2001–3), which referred to the fundamental norms of democracy and the rule of law, among others, as a condition for membership, this chapter examines the substantive meanings of these norms from the perspective of selected elites from EU member states. The following comparative evaluation indicates an emerging pattern of diversity with regard to these meanings. Thus, it will be demonstrated that fundamental norms (whether they are ‘core constitutional norms’ derived from domestic constitutional frameworks or ‘basic procedural norms’ in world politics, compare Table 4.2, norm-type 1) have sometimes taken on a more shallow meaning.

Type
Chapter
Information
The Invisible Constitution of Politics
Contested Norms and International Encounters
, pp. 121 - 150
Publisher: Cambridge University Press
Print publication year: 2008

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  • Democracy and the rule of law
  • Antje Wiener, University of Bath
  • Book: The Invisible Constitution of Politics
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490408.007
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  • Democracy and the rule of law
  • Antje Wiener, University of Bath
  • Book: The Invisible Constitution of Politics
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490408.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Democracy and the rule of law
  • Antje Wiener, University of Bath
  • Book: The Invisible Constitution of Politics
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490408.007
Available formats
×