THE CLOSE RELATIONSHIP BETWEEN DEMOCRATIC VALUES AND THE STABILITY OF THE RULE OF LAW STATE

APA full citation: Filho, C. I. (2024, September 23). The Close Relationship Between Democratic Values and the Stability of the Rule of Law State. EBS I&D Centre. https://www.ebscentre.org/law-and-politicalscience/

Article - The Close Relationship Between Democratic Values and the Stability of the Rule o.

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Introduction

The stability of a state governed by the rule of law is intricately tied to the strength of its democratic values. Democratic principles—such as equality before the law, protection of fundamental rights, transparency, and accountable governance—form the bedrock of a stable rule of law system. Without the embedding of democratic ideals into legal and political frameworks, the rule of law risks erosion, leading to potential instability, corruption, or authoritarian rule.

Democratic Values as Pillars of the Rule of Law

One of the core democratic values, equality before the law, ensures that all individuals, regardless of their status, are treated fairly by the legal system. This is a critical component of the rule of law, which demands that laws be applied consistently and impartially. A functioning democracy is predicated on the protection of human rights, which in turn reinforces the legitimacy of the rule of law. For instance, countries with strong democratic institutions tend to have legal systems that protect freedoms such as speech, assembly, and due process, all essential elements of a stable legal framework (Krygier, 2016).

Transparency and accountability, other hallmarks of democracy, also play a significant role in maintaining the stability of the rule of law. In a democratic system, public officials are held accountable for their actions through legal and political processes, and governmental decisions are made in an open and transparent manner. This diminishes the likelihood of arbitrary governance, a key threat to the rule of law. According to Waldron (2011), the rule of law thrives in environments where power is checked and governance is transparent, allowing citizens to challenge unlawful or unjust policies.

Threats to the Rule of Law in Non-Democratic Contexts

In contrast, states lacking democratic values often see their rule of law systems undermined by autocratic tendencies, corruption, and unchecked power. Authoritarian regimes, for instance, frequently use the law as a tool of control rather than a mechanism for justice. As democratic values erode, so does the independence of the judiciary, leading to biased enforcement of laws and suppression of political opposition (Peerenboom, 2009). This breakdown in the rule of law can create instability as citizens lose trust in legal and political institutions, ultimately threatening the state's legitimacy.

Next chapter...

The relationship between democratic values and the stability of the rule of law state is symbiotic. Democratic values provide the moral and structural foundation upon which a stable rule of law can be built, ensuring that laws are just, transparent, and equitably enforced. Conversely, the erosion of democratic principles often coincides with the decline of the rule of law, leading to instability and injustice. For a state to maintain its legal and political legitimacy, it must safeguard democratic ideals as an essential part of its governance.

Carlos I. Filho

References

Krygier, M. (2016). The rule of law: Legality, teleology, sociology. Social & Legal Studies, 25(6), 683–705.

Peerenboom, R. (2009). Varieties of rule of law: An introduction and provisional conclusion. Asian Discourses of Rule of Law, 1–55.

Waldron, J. (2011). The rule of law and the importance of procedure. Nomos, 50, 3–31.