Democracy and rule of law pdf
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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.
Rule of Law
It seems that you're in Germany. We have a dedicated site for Germany. Editors: Magen , A. European and American experts systematically compare U. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion. His research interests include international relations theories, European integration, and transatlantic relations.
Human Rights, the Rule of Law, and Democracy
Rule of law. Site includes publications and toolkits for practitioners. Carothers, Thomas. Foreign Affairs. Diamond, Larry Jay. Journal of Democracy. Fukuyama, Francis.
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.
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration.. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Skip to main content Skip to table of contents.
Promoting Democracy and the Rule of Law
Skip to main navigation. In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist 78 that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution. The U. Constitution is the nation's fundamental law. It codifies the core values of the people.
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.
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