The underlying issue addressed in this paper concerns the link between democracy, market-based economic systems, and the relevant legal institutions. Economic law contributes to the crisis of democracy if, and to the extent that, it fails to ensure an adequate level of inclusion to the rule-making process governing economic activities. The spreading sentiment across many western democratic countries is that the people’s interests are not being sufficiently represented in these processes. Economic regulation is seen as being increasingly shaped by the interests of minorities or by foreign interests.
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