JOURNAL ARTICLES

Journal Articles



Journal Articles

Critical Reflection on Rule of Law and Democracy

The rule of law is a cornerstone of modern constitutional democracy , as was evidenced in the role he played in consolidating the recent transitions from authoritarian or totalitarian regimes constitutional democracies in Eastern Europe and elsewhere . In broadest terms, the rule of law requires that the state imposes a citizens only to laws promulgated, that the legislative function of the state is separate from that court, and that no one within the political community is above the law. The three essential characteristics of constitutionalism Modern is the limitation of the powers of government, adherence to the rule of law, and protection of fundamental rights . Without rule of law, constitutional democracy simultaneously would be impossible. Beyond this, however, is not clear what must possess certain characteristics to compete for the rule of law to support the constitutional democracy, what specific role it should take to ensure effective constitutional democracy, or how it can ultimately help the legitimacy of constitutional democracy.

In the rule, of law prevail government of laws on the arbitrary will of men, while it recognizes and guarantees the freedoms of citizens. Therefore, it is a common heritage that must be created, protected and strengthened by all responsible political actors. It is a shared platform that prevents and, if appropriate, punishes the arbitrariness of political action, providing certainty and administrative order. It is not immutable, as the democratic rule of law. It provides the space and the lawful procedures for the free exchange of political projects and programs that seek to give substantive content to democratic regimes. Thus, the rule of law is open to democratic pluralism, tolerance and social change and may be considered rightly as a civilizing conquest of political thought and action.

In this journal, author, Habermas, offers an interesting and educational exhibition that addresses the relationship between law and politics and democracy and the rule of law, and the challenges currently facing the last. The construction of a democratic political culture means much, building a culture of legality, support and nurturing the rule of law.

Laws is rules whose main objective is to regulate the public sphere of society. In other words, laws are the principles that enable and promote the coexistence of men, not as isolated individuals but as members of a community. The laws not set to regulate or ensure that an individual can or cannot do independently, but what you can do or omit as a member of society. Therefore, although there is a branch of law that called private law, it is only insofar as the same law defines what is private and what is public. Thus, even the particular, private, strictly individual is only such in legal terms it recognizes at a public level by the appropriate legal form. The strictly individual standards or practices may be moral but not legal. The right may be compared with the language: although our use of language is individual and it ...