Conpedi Law Review (Jun 2016)

( Re) thinking the Democratic Arrangement Modernity in Late

  • Carlos Alberto Simões de Tomaz,
  • Cintia Garabini Lages

Journal volume & issue
Vol. 1, no. 14
pp. 28 – 57

Abstract

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The present article is concerned with providing elements to consider two agonizing questions: 1) Are democratic states necessary so that the international order is democratic? 2) Will the global international order be democratic regardless of the presence of several no democratic states? To face these questions, the article reveals the cruel facet of demo- cratic crisis projected between the social shortfall and the late modernity in the domestic sphere of constitutional democracies, as linked to the staging phenomena of legitimacy and the upward expansion of the state power that limits the development of a participa- tory solidarity. According to the article, the emergence or strengthening of international networks for the commission of crimes potentiated by economic power, present themsel- ves at the expense of the autonomy of law and human rights and reveals the democratic crisis in the international sphere.

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