A DEMOCRATIC RULE OF LAW.

The article focuses on the relationship between the rule of law and democracy, arguing that while they are distinct concepts, they are not inherently opposed and can complement each other. It discusses how the rule of law provides a framework that makes organized power justifiable to individuals, wh...

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Detalles Bibliográficos
Publicado en:Law & Contemporary Problems Vol. 87; no. 3; pp. 293 - 330
Autor principal: BRITTON-PURDY, JEDEDIAH
Formato: Artículo
Publicado: Duke University 2025
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:The article focuses on the relationship between the rule of law and democracy, arguing that while they are distinct concepts, they are not inherently opposed and can complement each other. It discusses how the rule of law provides a framework that makes organized power justifiable to individuals, while democracy emphasizes the importance of popular authorization in law-making. The author highlights that democracy cannot function effectively without legal definitions that clarify who constitutes "the people" and how they can act. Furthermore, the article identifies deficiencies in the U.S. democratic system regarding coherence, prospectivity, and feasibility, which hinder its stability and effectiveness. Ultimately, it posits that a robust democratic rule of law is essential for empowering citizens and ensuring accountable governance.