The majority principle

P. Pasquino sets out to explain the role and legitimacy of non-elected bodies, in particular constitutional courts. The election of representatives is only part of the constitutional reality of our modern democracies. But the presence of constitutional tribunals shows the limits of the majoritarian principle. The majority principle is both a rule of authorization and a rule of appointment. But it is not about choosing a policy. What justifies it is that it imposes a specific form of equality (all opinions have equal weight). But the majority principle cannot decide everything: it cannot, for example, abolish the separation of powers, or call into question rights established as inviolable. The principle of sovereignty must be limited by a certain number of controls, which must not be linked to elections.