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Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg
Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg
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In the “bargaining democracy” groups form coalitions that are able to grant benefits to themselves through legislation. These benefits may lack popular support. A constitutional hierarchy of conflicting laws is proposed to resolve this democratic problem. In the hierarchy more “rule-oriented” legislation dominate. The hierarchy would create a momentum of the political process towards more rule-oriented legislation and policy debate. The difficulty of defining a rule operationally is overcome by limiting the task of a constitutional court to simply rank conflicting policy actions in terms of criteria for rules.