The Reversed Rule of Law: Private Acts instead of Public Decisions

Today democracy is under pressure due to the presence of private subjects involved into the decision-making process. The authoritative powers are conferred to private entities, which intervene in decision-making not so much as consulted stakeholders, but as negotiators on an equal status with the States. The law loses the voluntary and authoritative features to acquire those of the ‘autopoietic’ and ‘reflexive’ private law .The margination of the political decision maker boosts the crisis of the political representation and exemption of private entities from responsibility. The combination between public and private sector crosses technological innovation from the Internet to biotechnology. This multifaceted and intertwined phenomenon has its landing point in the new forms of accountability and in the challenge between technique and politics.