This article critically examines the democratic theory that informs the German Federal Constitutional Court’s Lisbon Treaty ruling. This is needed because the ruling is ambiguous with regard to what democracy for what Union. In order to analyse the ruling we establish three models of what...

Jon Elster has a clear view of the role of norms and impartiality in collective decision making processes, but does not ascribe to them the power to explain action. Hence, the paradox: If it is only public reasons that can justify outcomes, how can private desires be the causes of the same...

The purpose of the EEA Agreement is to integrate the remaining EFTA countries (except Switzerland) into the EU’s internal market. Norway was required to incorporate the material legal rules that were in force at the time when the EEA Agreement was ratified, and remains committed to...

The development of post-national democracy in Europe depends on the development of an overarching communicative space that functions as a public sphere, viz., a common room created by speakers who are discussing common affairs in front of an audience. This is a place where opinions ideally are...

This article explores the democratizing role of strong publics, which are institutionalized bodies of deliberation and decision-making. Strong publics are important to modern democracy as they subject decision-making to justificatory debate. This article evaluates selected aspects of the...