MAJORITY RULE AND ITS CHALLENGE TO THE RULE OF LAW: DEFENDING CONSTITUTIONAL PLURALISM IN EUROPE
Chapter
Publication Date:
2025
Abstract:
SUMMARY: 1. THE EVOLUTION OF THE RULE OF LAW: THE FUNCTION
OF THE LEGISLATURE IN A FREE SOCIETY UNDER THE RULE OF LAW.
2. MAJORITY RULE AND THE TRANSFORMATION OF THE SOCIAL CON-
TRACT. 3. THE PERSISTENCE OF THE ‘MAJORITY–BASED RULE OF LAW’
IN CONTEMPORARY DEMOCRACIES DESPITE ITS NEGATIVE IMPACT
ON CONSTITUTIONAL PLURALISM AND THE FUNDAMENTAL INTER-
ESTS OF MINORITIES. 4. RETHINKING THE RULE OF LAW FROM A
CONSENSUS DEMOCRACY PERSPECTIVE. 4.1. The Mutual Veto in the
European Context. 4.2. Liberal Veto vs Corporate Veto. 5. CONCLUSION:
THE NEED TO RESTRAIN THE “MAJORITY–BASED RULE OF LAW”, ES-
PECIALLY IN THE EUROPEAN CONTEXT.
OF THE LEGISLATURE IN A FREE SOCIETY UNDER THE RULE OF LAW.
2. MAJORITY RULE AND THE TRANSFORMATION OF THE SOCIAL CON-
TRACT. 3. THE PERSISTENCE OF THE ‘MAJORITY–BASED RULE OF LAW’
IN CONTEMPORARY DEMOCRACIES DESPITE ITS NEGATIVE IMPACT
ON CONSTITUTIONAL PLURALISM AND THE FUNDAMENTAL INTER-
ESTS OF MINORITIES. 4. RETHINKING THE RULE OF LAW FROM A
CONSENSUS DEMOCRACY PERSPECTIVE. 4.1. The Mutual Veto in the
European Context. 4.2. Liberal Veto vs Corporate Veto. 5. CONCLUSION:
THE NEED TO RESTRAIN THE “MAJORITY–BASED RULE OF LAW”, ES-
PECIALLY IN THE EUROPEAN CONTEXT.
CRIS type:
2.1 Contributo in volume (Capitolo o Saggio)
Keywords:
rule of law, minorty rights, mutual veto, consensus democracy
List of contributors:
Frau, Matteo
Book title:
CURRENT CHALLENGES FOR THE RULE OF LAW IN EUROPE