Demokratische Legitimation im offenen Rechtsstaat

In this work, Claus Dieter Classen develops criteria to determine how democratic legitimacy can be ensured. His main idea is that these can only be established with the rule of law in mind, in particular the need to ensure that the proper decisions are made. In an international context, this is supervened by the principle of »open statehood.« It is the legislator's function to decide how this objective can be reached. The traditional idea that in the area of public administration this can best be ensured by its hierarchical structure has to be changed - and not only in regard to self-government. The author also discusses the legitimacy of international organizations as well as the application of foreign law in accordance with national conflict of laws provisions.