Constitutional democracies around the world are in distress. Internal and external factors are putting pressure - and often weakening - what has arguably come to be seen, in the aftermath of WW2, as the best form of political organisation for modern, large, and complex societies. But what makes a constitutional democracy so? Is it, as Jurgen Habermas has famously put it, 'a paradoxical union of contradictory principles’? What is its inner structure? And how best should we conceive of the role of law within it? In my talk, which is based on my book ’The Making of Constitutional Democracy: From Creation to Application of Law’ (Hart 2022) I will try to address some of these foundational problems.
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