Norms, Procedures, and Democratic Legitimacy

The overall thrust of the argument points in two opposite directions: it pleads for dimming the contrast commonly drawn between political philosophy and political science but calls for a more radical distinction between the activities of politics and of philosophy, and between its rationality and that of political mediation. Within the first strand of the argument, the fact-value problem is re-examined, whilst within the second strand - the central theme of the article - the operatively legitimizing source of political norms is viewed within a procedural locale that is recognizably democratic, in that its validation is a matter of opinion, of appraisal and reappraisal in and through civic activity itself, and not directly the work of extra-political doctrines that substantively predetermine it. Although not thus preconditioned, procedural democracy is portrayed as being governed by a cognitive and institutional 'space'in which the'conversion'of doctrinal'isms'issues in'performative principles, rather than a regime of pragmatic ad hocism .     

Democratic Legitimacy, Public Justification and Environmental Direct Action

This article addresses the question of whether environmental direct action against policies or institutions that are recognised as democratically legitimate can be justified. Arguments that seek to tie environmental outcomes to stipulated requirements of either the democratic process or distributive theories of justice are found wanting in this regard. However, one of the central justifications for the losers in a democratic settlement accepting defeat is policy reversibility. The non-reversible element in significant areas of environmental change entails that environmentalists are forced to play a 'one-shot' political strategy. This fact lends support to the justification of environmental direct action in such cases, although it may also apply beyond the sphere of environmental politics.     

Democratic Performance of Parties and Legitimacy in Europe

This article analyses the development of legitimacy across 20 European democracies (1990–2010). The claim is that the democratic performance of parties affects levels of legitimacy. A conceptual and empirical discussion is presented to establish this relationship. Democratic performance is characterised by trusting parties to be responsive to the electorate and responsible in government. Legitimacy is defined as a composite measure representing satisfaction with parties, compliance with the rule of law as well as voter turnout and willingness to protest. The responsiveness of parties appears less representative on public concerns and governmental responsibility appears closer to party interests than to the general interest. Hence, a ‘democratic deficit’ seems to have emerged across Europe, manifested by more electoral volatility, new parties and alternation in government and lower survival rates of governments. This negatively affects trust in parties, parliament and government efficacy. Hence, party behaviour has not strongly contributed to political legitimacy since the 1990s.     

Democratic Dilemmas of Multilevel Governance: Legitimacy,Representation and Accountability in the European Union

How is sovereignty managed in the EU? This article investigates the relationship between sovereignty and European integration through the prism of national opt-outs from EU treaties, addressing an apparent contradiction in contemporary European governance: the contrasting processes of integration and differentiation. On the one hand, European integration is increasing as states transfer sovereign competencies to the EU. On the other hand, we see a multitude of differentiation processes through which member states choose to disengage from the EU polity by negotiating exemptions or derogations. Drawing on Pierre Bourdieu's political sociology, the article argues that to understand how sovereignty is interpreted and exercised in the EU, it is necessary to focus not only on the constitutive and regulative dimensions of sovereignty, but equally on the practice dimension. This entails an exploration of how sovereignty claims are managed in a particular social setting. Rather than seeing opt-outs as classic instruments of international law, accentuating the member states' unchanged sovereignty, the article argues that the management of the British and Danish opt-outs quite paradoxically expresses the strength of the doxa of European integration, i.e. the notion of ‘an ever closer union’.     

The Democratic Legitimacy of the European Union Committee System

This article investigates both the operation and the democratic legitimacy of the European Union committee system. This vast but rarely studied system is an important site of European governance, exercising an increasing amount of policy responsibility while also providing the essential arenas necessary for supranational problem solving. Despite their contribution to the success of the “European project,” committees are increasingly coming under attack, notably for their lack of democratic credentials. The article employs original empirical research based on interviews and internal documentary evidence to answer a timely question: does the EU committee system strike an appropriate balance between the values of system effectiveness and democratic legitimacy? Following the application of a set of democratic principles to EU committees, the article finds that a poor balance has been struck between effectiveness and democracy. The article concludes with some operational suggestions for improving this balance in the short‐to‐medium term.     

The Democratic Deficit in the States

We study how well states translate public opinion into policy. Using national surveys and advances in subnational opinion estimation, we estimate state‐level support for 39 policies across eight issue areas, including abortion, law enforcement, health care, and education. We show that policy is highly responsive to policy‐specific opinion, even controlling for other influences. But we also uncover a striking “democratic deficit”: policy is congruent with majority will only half the time. The analysis considers the influence of institutions, salience, partisan control of government, and interest groups on the magnitude and ideological direction of this democratic deficit. We find the largest influences to be legislative professionalization, term limits, and issue salience. Partisanship and interest groups affect the ideological balance of incongruence more than the aggregate degree thereof. Finally, policy is overresponsive to ideology and party—leading policy to be polarized relative to state electorates.     

Patterns of Disagreement in Democratic Politics: Comparing Germany, Japan, and the United States

An important ingredient in democratic politics is the experience of disagreement through social communication and political discussion. If people fail to encounter contrary viewpoints, their own views are never challenged, they are never forced to reconsider initially held opinions, and they are effectively excluded from democratic deliberation. This article examines patterns of political agreement and disagreement within the communication networks of citizens in Germany, Japan, and the United States. Several questions are addressed. Are there cross‐national differences in patterns of agreement and disagreement among citizens? To what extent are these patterns subject to individual attitudes, to the structure of communication networks, and to levels of aggregate support for particular preferences and opinions? Finally, what are the implications of disagreement for civic capacity and political engagement? Empirical analyses are based on cooperative election surveys conducted in each country during the early 1990s.     

Does Federalism Weaken Democratic Representation in the United States?

The framers of the U.S. Constitution explicitly designed federalismto enhance representation. Because powers are divided amongmultiple governments, citizens are able to exert pressure onthe elected officials of various governments in an effort toachieve desired outcomes. If one government is not doing whatcitizens prefer, they can seek it from a different government.This assumes that individuals form opinions about the functionsperformed by different governments. Given the complexity offederalism, this may be an unrealistic assumption for many citizens.Original survey data uniquely suited to explore this questionsuggest that citizens do behave in a fashion consistent withthe federalist framework. Moreover, the actual change in theassignment of functional responsibilities across governmentsbehaves as if it responds to public opinion.     

Deliberation, Legitimacy, and Multilateral Democracy

Is deliberation essential to legitimate democratic governance? Deliberation may have epistemic value, improving the quality of information and arguments. Deliberation may be transformative, shaping beliefs and opinions. Or deliberation may be part of a conception of justice that constrains authority, by requiring that procedures be justified in terms of reasons acceptable to those burdened by authoritative decisions. Although appealing, the epistemic and transformative arguments are limited by the scale and complexity of many problems for which democratic solutions are sought. But the reason–giving argument is persuasive whenever collective decisions allow burdens to be imposed on others.     

Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

Legitimacy,citizenship and state redress

This article explores how state redress programmes work to legitimate the state. The primary thesis concerns how state redress aims to restructure citizenship identity. This restructuring enables civic identification by victims of state wrongdoing which in turn enables greater legitimacy. Consequently, redress constitutes a movement by the state from lesser to greater legitimacy. The article illustrates the legitimating thesis by examining two Canadian responses to state wrongdoing with regard to indigenous peoples, Gathering Strength (1998) and the Indian Residential Schools Settlement Agreement (Indian Residential Schools Adjudication Secretariat). This context provides material for contrasting the legitimating thesis with a competing approach – redress as ‘therapy’.     

Symbols,Stratagems, and Legitimacy in Political Analysis*

This article evaluates the new conception of symbols and rhetoric in organization theory (March and Olsen). It is a perspective that departs from the traditional instrumental view in political science (cf. Edelman}. This reorientation postulates the close connection between legitimacy and symbols, viewing symbolic language as a way of producing social integration. However, this perspective neglects the crucial aspect of legitimacy, i.e., a moral justification of power. Legitimacy concerns the cognitive and rational aspect of political argumentation rather than the expressive and symbolic aspect. Symbols, then, raise distinct analytical problems that refer to the authenticity and sincerity aspect of behaviour. Politics has to do with the just allocation of welfare, and symbols signify meaning and loyalty Thai governmental policy is merely symbolic, then, denotes that it does not produce any real effects.