Show Less
You do not have access to this content

Making a 21st Century Constitution

Playing Fair in Modern Democracies

Frank Vibert

Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.
Show Summary Details
You do not have access to this content


Frank Vibert


This annex provides examples of the importance of sequencing, multivocality and estimating magnitudes and trends in policy making discussed in Chapter 13. The examples are about qualitative analytic procedures that can help or hinder politics to identify trade-offs between incommensurate values.

The first case, concerning the right to be forgotten (or the right to conceal), involves resolving the conflict between an individual’s right to privacy and the public’s right to know. In this case, an abbreviated sequencing, involving the preliminary ruling procedure of the European Court of Justice, resulted in a judgment that was much criticized by the European Committee of the House of Lords in the United Kingdom.

In the second case, around the cultivation of GMOs in EU Member States, the issue involves the claims of one type of rationality, the claims of science, against other types of value such as the value we place on an ‘uncontaminated’ environment. In this case, the EU allows for a form of ‘multivocality’ in decision taking so that the trade-offs can be framed in different ways in different places.

In the third case, IPCC makes judgments about trends and magnitudes in order to support decision taking in an area where the science remains contested and the costs of mitigation may seem high.

Background: Under the 1995 EU Data Protection Directive (95/46/EC dated 24 October 1995) a remedy is available enabling a data subject to obtain from the data controller the erasure of links...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.