  This approach to law has important consequences for a critical theory, since it changes how we appeal to democratic norms in criticizing current institutions: it is not clear exactly what the difference is between a radical and a liberal democracy, since some of the limitations on participation are due to the constraints of social facts and not to power asymmetries. By insisting upon popular sovereignty as the outcome of the generation of “communicative power” in the public sphere, Habermas tries to save the substance of radical democracy. The unresolved difficulty is that in a complex society, as Habermas asserts, “public opinion does not rule” but rather points administrative power in particular directions; or, as he puts it, it does not “steer” but “countersteers” institutional complexity (Habermas 1996, chapter 8). That is, members of the public do not control social processes; qua members of a public, they may exercise influence through particular institutionalized mechanisms and channels of communication.