The Counterfactual Yardstick: Normativity, Self-Constitutionalisation and the Public Sphere

The book discusses a democratic legitimation for modern law. Debates on Europeanisation are taken into account. Ronald Dworkin's, Neil MacCormick's and Jürgen Habermas's standpoints on relations between the law and the public sphere are investigated. Concepts of self-reflexive polity, self-constitutionalisation, constitutional patriotism are analysed.