Value Relativism, Procedural Democracy and Opinion Representation: Reflections on Three Conceptual Underpinnings of Swedish Anti-Constitutionalism
2009 (English)In: Nordisk tidsskrift for menneskerettigheter, ISSN 1503-6480, Vol. 27, no 2, 242-259 p.Article in journal (Refereed) Published
This article investigates three ideas that have had a hegemonic position during the formative period of the majoritarian model of democracy: (1) Value Relativism of Axel Hägerström, (2) Tingsten’s procedural concept of democracy, and (3) Jörgen Westerståhl’s popular-will theory of democracy. These three ideas are often believed to give support to a kind of moral subjectivism that is hostile to constitutionalism. An abstract conceptual analysis is combined with a more historical approach focused on the impact of these ideas through different normative interpretations. The conclusion is that neither Value Relativism (and the associated Scandinavian legal realism), nor the procedural concept of democracy has any anti-constitutional implications. The popular-will theory of democracy, on the other hand, has a stronger theoretical link to anti-constitutional ideas.
Place, publisher, year, edition, pages
Oslo: Universitetsforlaget , 2009. Vol. 27, no 2, 242-259 p.
Value Relativism, Constitutional Tradition, Democracy, Anti-constitutionalism
Political Science (excluding Public Administration Studies and Globalization Studies)
Research subject Political Science
IdentifiersURN: urn:nbn:se:uu:diva-140001OAI: oai:DiVA.org:uu-140001DiVA: diva2:382817
ProjectsDemokrati, kunskap och värderelativism
FunderSwedish Research Council, 2005-930