Democracy and Rule-making Within the EC: An Empirical and Normative Assessment

The object of this article is to consider the democratic legitimacy of the structure of legislative authority which exists within the EC. The analysis draws upon the work of Joseph Weiler, and accepts that different conceptions of democracy may best explain different aspects of the Community. The present article addresses only what Joseph Weiler terms the supranational aspects of the Community and suggests that a replication model of democracy can help us to understand the division of competence in this area. While changes can undoubtedly be made which will improve the operation of democracy within this sphere of the Community, and such changes are suggested in the subsequent analysis, it is argued that the republican model provides a sound basis on which to build.