Democracy and rule of law pdf

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democracy and rule of law pdf

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Democracy and the Rule of Law in China

An increasing number of Western governments have shown their frustration with the constraints imposed on them by the rule of law. Moreover, they regularly treat the views of government supporters as representing the will of the people, even if their backers are not an absolute majority of the population. In some cases, when courts attempt to defend principles such as the rights of minorities, or external obligations such as EU law, they and those who defend them are accused of obstructing the will of the people. In other cases, public security is used to justify infringing the rights of citizens. In a number of member-states, media and civil society organisations are finding it more and more difficult to investigate possible violations of the rule of law because of financial and political pressure on them.

Rule of Law

In simple terms, democracy focuses on how societies select those who will hold power, while the rule of law is concerned with how political power is exercised. The underlying premise of rule of law implies that every citizen is subject to and accountable under the law, including law makers and those in government positions. In this sense, the rule of law seems to encourage governance through democracy created for and by the people, as much as it stands in stark contrast to the concepts of dictatorship, autocracy and oligarchy where those in positions of power and governance conduct their affairs outside and above of the purview of the law. Today, democracy is the most closely aligned with rule of law governance. Building democracy and the rule of law may be mutually reinforcing processes. The rule of law is a critical factor for the advancement of democracy, rooted in equal rights and accountability.

Democracy and the Rule of Law*. Donald Meiklejohn. In The Political Order of a Free People, the concluding volume in his series. Law, Legislation and Liberty.

Human Rights, the Rule of Law, and Democracy

Rule of law. Site includes publications and toolkits for practitioners. Carothers, Thomas. Foreign Affairs.

This chapter examines the promotion of human rights, the rule of law, and democracy by external actors in areas of limited statehood. It begins with the definition of key terms and a brief overview of the historical trajectory in which contemporary interventions by external actors unfold. We then discuss cross-cutting issues and introduce the key actors involved in the promotion of human rights, the rule of law, and democracy. Analysing each of these issue areas in turn, we make three overarching arguments. Firstly, we highlight the multiplicity of outcomes that result from external interventions, whose impacts prove highly unevenly and spatially dispersed.

Democracy and the rule of law: Failing partnership?

It seems that you're in Germany.

Bibliographic Information

Notwithstanding the well-known differences that run through cultures and traditions, the West has never stopped trying to export its own law into the rest of the world. More recently, these efforts have overlapped with and have been blurred by the rhetorical veil of so-called legal globalization. The focus of this Article is on the attitudes and methods underpinning the ongoing Western attempts to transplant the two pillars of Western civilization, i. Confronted with processes that concern different legal systems, this Article cannot but take a comparative law approach. Such an approach entails a careful consideration of the historical and contextual factors and will enable an analysis of data that are usually either discarded or underrated in mainstream legal debates. Thus notions, ideas, and debates about the rule of law and democracy will be reappraised from a comparative law point of view in order to both unearth their intimate legal foundations and to scrutinize their potential for being transplanted outside Western societies.

The Declaration adopted on 24 September by the United Nations General Assembly at the High-level Meeting on the Rule of Law at the National and International Levels reaffirmed that "human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations". If considered not solely an instrument of the government but as a rule to which the entire society, including the government, is bound, the rule of law is fundamental in advancing democracy. Strengthening the rule of law has to be approached not only by focusing on the application of norms and procedures. One must also emphasize its fundamental role in protecting rights and advancing inclusiveness, in this way framing the protection of rights within the broader discourse on human development. A common feature of both democracy and the rule of law is that a purely institutional approach does not say anything about actual outcomes of processes and procedures, even if the latter are formally correct. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between "rule by law", whereby law is an instrument of government and government is considered above the law, and "rule of law", which implies that everyone in society is bound by the law, including the government. Essentially, constitutional limits on power, a key feature of democracy, require adherence to the rule of law.

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  • Rule of law and democracy are both desirable attributes of a political system. Scholars writing of democratic transitions from authoritarian rule. Natasha S. - 30.04.2021 at 17:56
  • Our human rights, democracy and the rule of law depend on the institutions that give them form. But ( Amelia E. - 30.04.2021 at 21:13
  • A common feature of both democracy and the rule of law is that a purely institutional , available​ Vivienne B. - 02.05.2021 at 17:35
  • Rule of law and democracy are both desirable attributes of a political system. Scholars writing of democratic transitions from authoritarian rule usually argue that. Blondelle P. - 05.05.2021 at 16:02