Legitimation chain theory
The legitimation chain theory is a theory that traces the democratic legitimation of sovereign and non-sovereign action back in an uninterrupted chain to the will of the people in the election. Seen in political science categories, this is a consideration of the input legitimation that predominates in legal science .
The legitimation chain theory, one of the democratic theories, was developed by the legal philosopher Ernst-Wolfgang Böckenförde and found its way into the judiciary of his time as a judge at the Federal Constitutional Court .
Application to the EU
Applied to the European Union , there are two chains of legitimation: The first leads back to the voter via the European Parliament . The second leads back to the electorate via the Council of the European Union and the governments and parliaments of the member states.
literature
- Ernst-Wolfgang Böckenförde: Democracy as a constitutional principle (§ 24), esp.Rn 11-25, in: Josef Isensee / Paul Kirchhof (ed.): Handbuch des Staatsrechts der Bundes Republik Deutschland , Vol. II, 3rd edition, Heidelberg 2004.
Web links
- BVerfGE 47, 253 - Municipal Parliaments
- BVerfGE 77, 1 - New home
- BVerfGE 83, 60 - Right to vote for foreigners II
- BVerfGE 93, 37 - Codetermination Act Schleswig-Holstein
- Regarding legitimation chains of international organizations: Democratic legitimation of the activities of international organizations (PDF; 899 kB)