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The CT's conception of authority and legitimacy, as reflected in these provisions, serves to highlight the relationship between Member States and the EU and gives more concrete contours to the idea of the EU as a supranational community.
Raz defended the "service conception" of authority, according to which law is genuinely authoritative insofar as it helps the subjects of the law to do what they really ought to do better than they would without the mediation of the law's directives.
The democratic conception of authority requires each person to submit issues to a democratic vote.
Because (legitimate) authority is conceived as what serves those governed, Raz calls it the "service conception" of authority (1988: 56).
This conception of authority involves the authority and the subjects in a weak kind of moral relationship.
In this first conception of authority as justified coercion, the authority may not even issue commands let alone make laws.
Similar(48)
In general, instrumentalist conceptions of authority make no special mention of democracy.
This establishes, at least for one conception of democratic authority, a substantive set of limits to that authority.
Against the more extreme claims of ultra-papal canonists, More's understanding of the pope's office resembles the restrained conception of royal authority expressed by English lawyers like Sir John Fortescue (c. 1395 c. 1477), in which the institution of the body politic is grounded in the intention of the people.
His pontificate changed the papacy forever and provided future popes with a conception of papal authority that still inheres in the papal office today.
The conception of democratic authority that grounds it in public equality also provides an account of the limits of that authority.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com