Roberto Toniatti

The non-majoritarian principle as a guarantee of the form of constitutional Rechtsstaat in Europe

  • Abstract

Informations and abstract

Keywords: Constitutional Rechtsstaat and Rechtsstaat, The Non-Majoritarian Principle as a Safeguard of the Constitutional Rechtsstaat, Constitutional Democracy, More-Than-Major- itarian and Less-Than-Majoritarian Mechanisms, Safeguard of the Opposition as a Public Function.

The Constitutional Rechtsstaat, while certainly inspired by the Rechtsstaat, represents a process of development and further rationalisation of the basic features of the latter. As such, it deserves to be classified by itself in a comparative overview of forms of state. Specifically, the new functional and organisational pattern adopted by many states in Europe – out of their historical experience of authoritarian rule – appears to be centred on the fundamental need to enhance the protection of the new liberal and democratic régime: this goal is achieved by limiting the scope of majoritarian mechanisms to the policy making function, while attributing to non-majoritarian (either more-than-majoritarian or less-than-majoritarian) mechanisms the role of a functional shield of constitutional democracy, inclusive of the function of the Opposition.

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