This paper explores whether the rule of law limits or enhances democracy, specifically in reference to the United Kingdom.
Written in 2008; 2,716 words; 16 sources; APA; $ 81.95
Paper Summary:
The paper examines what a democracy is in order to determine whether the UK's democratic government is capable of endorsing the rule of law. The paper then considers the ways in which the deliberative model of democracy may benefit the citizen, while also taking a realistic, critical approach of why this theory may not succeed using Joseph Schumpeter's market theory of democracy as a main source. Finally, the paper determines whether the rule of law does in fact limit or enhance the UK's democracy and argues that the rule of law is limiting democratic rule.
Outline:
Introduction
What Comprises a Democracy
Models of Democracy Disputed
The Relevance of the Rule of Law within a Democracy
Conclusion:
From the Paper:
"The importance of understanding what form legitimate government should take is, according to Lock and Hobbes, in order to realise the "conditions for security, peace and freedom." ("Held 78) Although the concept of democracy has existed for thousands of years it has only recently reasserted itself within the United Kingdom's contemporary governmental domain. During the fifteenth to the eighteenth century "two different forms of political regime were dominant in Europe: 'the absolute' monarchies of France, Prussia, Austria...and the 'constitutional' monarchies and republics of England." (Held 70) Paradoxically, from this absolutist regime emerged a democratic government since "as the state's administrative centres became more powerful...the increase in administrative power increased the state's dependence on cooperative forms and social relations". (Held72) This founding of democracy legitimizes Locke's concern that the democratic government is egoistic because the concentration of power is focused more on the state than the citizen."
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