Regulatory Power and the New (Im)Balance of Powers in Constitutional Liberal Democracies: Some Reflections on the Relevance of Norberto Bobbio’s Thoughts from an Indian and European Perspective

Regulatory Power and the New (Im)Balance of Powers in Constitutional Liberal Democracies: Some Reflections on the Relevance of Norberto Bobbio’s Thoughts from an Indian and European Perspective

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Volume 14 Issue 4 ()

This paper aims to provide conceptual tools and arguments, inspired by Norberto Bobbio’s rich legal and political theory, which appear particularly relevant to address today’s issues of democratic legitimacy and accountability of regulatory structures in the context of Indian and European liberal democracies. The analysis thus confronts from a comparative perspective the structures and modes of operation of Indian and European regulatory structures (in terms of competence, functions and means) with the model of constitutional liberal democracies. The intended outcome of such comparison is to highlight the conditions and limits of the compatibility of current regulatory structures and their resultant regulatory powers on the one hand, with the constitutional liberal democratic order on the other. 

Cite as: Emeric Prévost & Pratyush Kumar, Regulatory Power and the New (Im)Balance of Powers in Constitutional Liberal Democracies: Some Reflections on the Relevance of Norberto Bobbio’s Thoughts from an Indian and European Perspective, 14 NUJS L. Rev. 713 (2021)