Public power has been justified by resorting to two different kinds of legitimation: one coming from above, the other emerging from the governed. While legitimation "from above" implies that those who are vested with executive power are qualified in their function because of their allegedly higher competences, "bottom-up" legitimacy always presupposes that only citizens can properly decide on their destiny. After giving a brief account of how both legitimation strategies have developed in the history of political ideas, attention is focused on the theories regarding the legitimacy of public power in the European Union. Indeed, both strands of legitimation of public power are represented here with original proposals, according to the specificity of the supranational condition.But even more interesting is that the research into the characteristics of supranational integration has been one of the most significant fields in which the legitimation "from above" has reappeared in Western thought after a rather long period of marginality, now taking the shape of a technocratic justification. In the main section of the article, the reasons in favour of a democratic "bottom-up" legitimation of the European public power are analyzed first, then those which recur to the so-called "output legitimacy" -in other words to technocratic arguments. The last section of the contribution is dedicated to an overall assessment of the different positions.
Key-wordsadministrative legitimacy, comitology, democratic deficit of the EU, democratization of the EU, demoi-cracy, EU constitutionalism, European people, executive federalism, holism, individualism, input legitimacy, no demos thesis, output legitimacy, paradigms of order, renationalization, technocracy.
Social order is the telos of law and politics. This study will present Jürgen Habermas' thought on this topic as one of the most important of the last forty years. By collocating it within the broader discussion on social order, we will highlight the potential, but also some problems of his universalistic proposal in light of challenges at the outset of the 21st century. This article argues that Habermas' communicative paradigm provides a conceptual framework for a universal public law protecting peace and human rights in an effective and legitimate way. It can be understood as a regulative idea, guiding transformative work of scholars, politicians and lawyers, rather than as a theoretical instrument that conceptualises international law in its current institutional setting.
The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political
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