Publikationen / Publications
Habilitationsprojekt / Habilitation thesis
Arbeitstitel / Working title:
"Lobbying and the Legislative Process: Evaluating Parliamentary Lobby Regulation in Europe and in the United States from the Perspective of Constitutional and Democratic Theory"
("Lobbyismus im Gesetzgebungsverfahren - Eine Bewertung der Regulierung von parlamentarischen Lobbytätigkeiten in Europa und in den Vereinigten Staaten aus der Perspektive der Verfassungs- und Demokratietheorie")
Starting date of the project: 1 May 2018
Advisor: Prof. Regina Kiener
Abstract: We are all lobbyists in the wide sense of the word: we all have interests, and we all naturally seek to advance them in some way or another. But what does lobbying look like in the context of lawmaking, and what are its legal implications? Can and should attempts to influence the lawmaking process, and Parliament and MPs in particular, be limited by the law? In this project, I mainly focus on the ordinary legislative process and on parliamentary lobby regulation in selected Western democracies. I define lobbying as the attempt by natural or legal persons who lack legal authority in a public decision-making process, except for citizens acting on their own behalf, to influence the decisions of those holding such authority. First, I examine how the legal orders under scrutiny address parliamentary lobbying in the context of the ordinary legislative process, how this regulation came about historically, and how it has been justified from a democratic and constitutional theory perspective. Second, I highlight the constitutional norms that protect parliamentary lobbying (e.g., the right of petition and communication rights), as well as the constitutional norms that limit lobbying (e.g., freedom of political opinion formation and equality). Third, I critically examine pivotal concepts that are often referred to in the context of debates surrounding parliamentary lobby regulation, such as the public interest, integrity, and transparency. Finally, I suggest how existing parliamentary lobby regulation could be further improved from the perspective of constitutional law and democratic theory. Throughout the analysis, particular emphasis is placed on legal and constitutional scholarship, but also on relevant work in political theory, including theories of political representation, as well as on empirical studies in political science.