SW20
THE CRISIS OF DEMOCRATIC LEGITIMATION
CONVENORS: STEPHAN KIRSTE, OLIVER LEMBCKE, BENNO ZABEL
What is necessary is a clear concept of justification for public authority. A distinction should be made between justification as legitimacy and legitimation. The first means the justification of state and law by positive outcomes; the second is the justification by procedures. At this point, however, the theoretical debates about justifications would have to be included. Here, the fundamental questions of the constitution of the self, normativity, values, and social-psychological questions of fears should be taken up and integrated.
Against this background, it may be helpful first to distinguish five elements of the justification of state power (more may become necessary):
- Subject of legitimation – who is entitled to legitimize?
- Object of legitimation – what needs legitimation?
- Need for legitimation – is the legitimacy of results enough, or do we always need procedural legitimation of public authority? Is there a right to justification (Forst)?
- Procedures for legitimation – what kind of procedure do we need to produce sufficient justification? How do policy models contribute to the crisis of justifying forms of government?
- Legitimacy of results – can legitimate results substitute legitimation?