„Partizipative Gesetzgebung“ – Möglichkeiten und Grenzen der Legitimationsverstärkung durch Bürgerbeteiligung

Abstract

Several German “Länder” are currently testing participatory methods to obtain opinions and ideas of citizens on legal proposals . They aim at achieving outputs that are widely accepted by the public, and thus considered to be better . These methods, known as participatory legislation, raise high expectations in relation to possible vitalizing effects on parliamentary democracy . However, the term is misleading due to the fact that such consultation processes can neither replace nor complement representative democracy, which is based on the German constitution . At the most, its benefits can be found in strengthening legitimacy . But even political scientists assume limits concerning the input-, throughput-, and output-legitimacy of “participatory legislation” . Legitimacy can only be strengthened if transparent rules for its use and its binding effects are clearly stated and if they include control rights of parliament . Otherwise, there could be a risk of a shift in power from the legislative to the executive power .