search query: @indexterm Constitutional law / total: 10
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| Author: | Krajewski, M. |
| Title: | Democratic Legitimacy and Constitutional Perspectives of WTO Law |
| Journal: | Journal of World Trade
2001 : FEB, VOL. 35:1, p. 167-186 |
| Index terms: | DEMOCRACY CONSTITUTIONAL LAW WORLD TRADE ORGANIZATION |
| Language: | eng |
| Abstract: | This article combines arguments from both debates and analysis WTO constitutionalism in the light of WTO legitimacy, since the necessity of legitimate decisions is a key requirement of any constitutional system. The main argument of this article is that because its inherent lack of democratic legitimacy, WTO law cannot serve constitutional functions, as often claimed in legal theory or political discussions. The author first set up a framework of discussion by defining the three crucial concepts of legitimacy, democracy and constitutional functions. Then the lack of democratic legitimacy of WTO law will be shown by using an abstract model of democracy derived from modern political theory. |
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