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The Subjects of Collectively Binding Decisions: Democratic Inclusion and Extraterritorial Law
Stockholm University, Faculty of Social Sciences, Department of Political Science.
2014 (English)In: Ratio Juris, ISSN 0952-1917, E-ISSN 1467-9337, Vol. 27, no 2, 252-270 p.Article in journal (Refereed) Published
Abstract [en]

Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights.

Place, publisher, year, edition, pages
2014. Vol. 27, no 2, 252-270 p.
Keyword [en]
Democracy, extraterritorial law, inclusion, participation
National Category
Political Science (excluding Public Administration Studies and Globalization Studies)
Identifiers
URN: urn:nbn:se:su:diva-107558DOI: 10.1111/raju.12038OAI: oai:DiVA.org:su-107558DiVA: diva2:748371
Funder
Swedish Research Council, 2009-1868
Available from: 2014-09-19 Created: 2014-09-19 Last updated: 2017-12-05Bibliographically approved

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