Why is the rule of law an essential condition for democracy?

Why is the rule of law an essential condition for democracy?

The fundamental condition of the rule of law is therefore the recognition of the supremacy of the law over the will of those who hold power.

What laws promote democracy?

The Constitution enshrines the democratic principle. Moreover, far from constituting a departure from the democracythe constitutional review of laws – itself provided for by Articles 61 and 61-1 of the Constitution – guarantees the conditions of the democracy.

How important is the rule of law?

An independent, impartial and efficient judiciary is often perceived as a guarantor of political stability and security, essential to stem the abuse of power.

What are the criteria for a rule of law?

L’rule of law is implemented on 3 conditions: Respect for the hierarchy of standards. The equality of citizens before the law. The separation of powers and the independence of judges.

What is the origin of democracy?

The Greek Solon (6 BC) would be considered the “father of democracy”: it was during his trip to Egypt that he first came across this notion of equality between human beings.

What is the binding nature of a rule of law?

Obligatory nature The rule of law being intended to organize society and the relations between its members, it is necessary that it be respected and therefore it must be imposed, made obligatory. Every rule of law is obligatory, but this obligatory character is likely not to be respected.

What is the difference between law and rule of law?

It should be specified that the rule of law may have sources other than the law (such as custom or usage for example). The rule of law is also called “objective law”. Objective law must be distinguished from subjective rights, which are the prerogatives granted to subjects of law by objective law.

What is the difference between a rule of law and a democratic regime?

Today, many States are still unable to establish the rule of law, which is specific to democratic regimes. In a rule of law, the citizen does not obey a power, but laws proposed and passed by those who represent him.

What is the difference between rule of law and mandatory rules?

This rule of law is therefore a suppletive rule, since the parties may derogate from it, but, if they do not, then it will apply. Mandatory rules are rules that individuals cannot derogate from. They must be respected in all situations.