Legitimacy of Governments

Although there is no international government, and no global police agency enforces the rules, nations obey international law. In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate. Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance. Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan.

When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter.

This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three.

The power of the European Parliament has been steadily and visibly increasing in recent years. This arises from EU treaty changes and from the fact that more and more decisions are being made at the European level. At the same time, however, the already low rate of turnout in European elections has actually been declining. This powerful new study examines a seemingly paradoxical situation which has raised deep concern about the democratic deficit in the European Union. The authors analyse the concepts of participation, democracy, and legitimacy and their applicability at the European level and develop a typology of voter participation and abstention in the European context. Combining extensive new data from specially commissioned surveys in all 1994 member states with a searching review of the existing evidence, they provide a comprehensive account of the legitimacy of the European Union and examine the images of the European Parliament, citizens experiences of the 1994 campaign and their perceptions of the parties and the candidates. In an analysis that challenges existing interpretations, the institutional, demographic, and attitudinal sources of participation and abstention are fully explored. The study concludes by considering how participation and democratic representation might be enhanced, acknowledging forthrightly the obstacles and inherent limits that such efforts are likely to face.

What makes for an ongoing, successful democracy in Latin America? The essays in this collection emphasize the inherent dynamicism needed to sustain democratic governance. Organized around analyses of political institutions, political parties, public administration and corruption, public opinion, and continuity and change in Venezuelan politics, the essays advance the proposition that Venezuelan democracy survived recent threats because of its capacity to reform institutions and absorb new actors.

Instances of corruption, extremism, and public distrust have increasingly raised the question of political legitimacy in recent years. The author examines the issue by looking at the conditions necessary for a "rule of law" to exist. He argues that in a democracy the greater the powers given to a political leader, the greater that leader's responsibilities toward society. In order to enjoy legitimacy therefore, our rulers must assume these responsibilities and be held accountable for them. This book will be of interest to political and social theorists and political philosophers.