The main problem discussed in this paper is that the legal system might be dysfunctional to various political participatory ambitions. Participation implies inclusion, but we see examples of exclusion that originate from internal operations of the legal system. Considering the many instances of participatory instruments embedded in legal frameworks in many sectors of society, it is important to ask what kind of problems the law might cause and the reasons behind these problems. With environmental law and regulation of genetically modified organisms (GMOs), as examples, this essay analyses the paradoxical tendencies of the legal system to exclude citizens even when regulations have the purpose of including them. The scientific residence of this essay is sociology of law.