The legal contribution to democratic disaffection

Law and legal processes may not be the primary drivers of anti-political sentiment, but it would be mistaken to say they do not contribute to it. This article provides an initial theoretical basis for how law may impact democratic disaffection. First, the paper explores what democratic disaffection is, and why the law has been marginalized in the study of disaffection. Next, different relationships between law and democratic disaffection are analyzed: (1) law and courts contributing to disaffection; (2) law and courts working to counter disaffection; and (3) law and courts doing both. The paper goes onto examine the idea of ‘democratic distancing’ within the law, focusing on the following elements: the expansion of court policymaking authority, the implementation and expansion of written constitutions and bills of rights, the proliferation of regional and supra-national courts, and the lack of citizen involvement in burgeoning constitutional adjudication