Rule of Law and Democracy: countermajority balance against authoritarian effects of polarization
Democracy and rule of law are complementary constitutional principles, not possible separately. Constructive criticism of its shortcomings is acceptable, but the affirmation of its failure threatens the legitimacy of essential institutions for social coexistence. The academic approaches that confr...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
University of Valencia
2023-06-01
|
| Series: | Cuadernos Electrónicos de Filosofía del Derecho |
| Online Access: | https://ojs.uv.es/index.php/CEFD/article/view/25540 |
| Summary: | Democracy and rule of law are complementary constitutional principles, not possible separately. Constructive criticism of its shortcomings is acceptable, but the affirmation of its failure threatens the legitimacy of essential institutions for social coexistence. The academic approaches that confront democracy and the rule of law favor authoritarian reactions of an extremist nature, in a context of growing social polarization and risk of breakdown of democracy. Thus, jurists should provide solutions, and show courage and boldness in upholding core values. Also, should remember that Countermajority balances offset side effects of polarization. |
|---|---|
| ISSN: | 1138-9877 |