The Legal Contribution to Democratic Disaffection

This Article proceeds in three main parts. Part II describes the origins and definitions of democratic disaffection and questions why the law may have been marginalized when studying the phenomenon. Part III explores the different possible relationships between law, politics, and democratic disaffection by looking at both how courts may contribute to but also counter disaffection. Part IV articulates some of the democratic distancing measures the law has engaged in over the past few decades and questions whether such distancing may be stopped.

The Article concludes by suggesting that law should acknowledge and accept its impact on democratic disaffection, and that it should do more to ennoble the political realm.