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ID:
151652
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| Summary/Abstract |
In a post-Cold War era characterised by globalisation and deep interdependence, the actions of national governments increasingly have an effect beyond their own territorial borders. Moreover, key agents of global governance – international organisations and their bureaucracies, non-state actors and private agents – exercise pervasive forms of authority. Due to these shifts, it is widely noted that world politics suffers from a democratic deficit. This article contributes to work on global democracy by looking at the role of international courts. Building upon an original dataset covering the 24 international courts in existence since the end of the Second World War, we argue that international courts are able to advance democratic values and shape democratic practices beyond the state. They can do so by fostering equal participation, accountability, and public justification that link individuals directly with sites of transnational authority. We contend that the ability of international courts to promote these values is conditioned by institutional design choices concerning access rules, review powers, and provisions regarding judicial reason-giving. We canvass these design features of different international courts and assess the promises and pitfalls for global democratisation. We conclude by linking our analysis of international courts and global democratisation with debates about the legitimation and politicisation of global governance at large.
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| 2 |
ID:
147242
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| Summary/Abstract |
This article explores the relationship between non-electoral representatives and democratic legitimacy by combining the recent constructivist turn in political representation with systemic work in deliberative theory. Two core arguments are advanced. First, non-electoral representatives should be judged by their position in a wider democratic system. Second, deliberative democracy offers a productive toolkit by which to evaluate these agents. I develop a framework of systemic representation which depicts the elemental parts of a democratic system and assigns normative standards according to the space occupied. The framework gives priority of democratic analysis to the systemic level. This helps mitigate a central concern in the constructivist turn which suggests that representatives mobilize constituencies in ways that are susceptible to framing and manipulation. I engage in case-study analysis of the collapsed Anti-Counterfeiting Trade Agreement to unpack the different spaces occupied by non-electoral representative and elucidate the varied democratic demands that hinge on this positioning.
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