Support for Liberal Democracy and Populist Attitudes: A Pilot Survey for Young Educated Citizens

2020 ◽  
pp. 147892992094585
Author(s):  
Lisa Zanotti ◽  
José Rama

At the theoretical level, even if populism and democracy are not necessarily antithetical, the former challenges the liberal component of democracy, advocating for the majority rule and putting under stress the principles of the rule of law. To test the relationship between liberal democracy and populism, we created four new questions that measure the support for liberal democracy conceived as a trade-off with different policies. We tested our battery of questions in a pilot survey with educated young voters. The results show that those individuals who exhibit lower levels of support for liberal democracy are the ones with higher populist attitudes. This might be due to the fact that the original battery of questions grasps the level of support for liberal democracy better than the standard ‘Churchillian’ question.

2021 ◽  
pp. 159-193
Author(s):  
Daniel C. Thomas

This chapter uses extensive archival evidence to demonstrate how the membership norm adopted by the community around 1970—that only liberal democracies respecting human rights and the rule of law are eligible for membership—shaped its decisions on Greece, Spain, Turkey, and Ukraine over subsequent decades. The democratic governments that took power in Greece and Spain after the collapse of authoritarian rule in the mid-1970s used the community’s membership norm to pressure member states to fast track them to accession despite the hesitation of the European Commission and powerful domestic lobbies. Notwithstanding the growing controversy over Turkey’s membership prospects in this period, the community’s membership norm played an important role in keeping the relationship on track. Finally, the EU’s membership norm impeded Ukraine’s pursuit of closer ties after interdependence in 1991 because of widespread concern within the Union regarding the country’s actual commitment to liberal democracy and the rule of law.


2022 ◽  
pp. 15-29
Author(s):  
Goran Ilik ◽  
Nikola Gjorshoski

The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its Westernized triviality that has received a pejorative tone in Islamic political circles. The following chapter analyzes the relationship of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as differentia specifica of liberal Western democratic discourse. This chapter argued how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards the liberal democracy in the Muslim countries through an axiological and praxeological perspective.


2021 ◽  
Author(s):  
Klaus Jaffe ◽  
Antonio Canova ◽  
Jose Gregorio Contreras ◽  
Ana Cecilia Soares ◽  
Juan Carlos Correa ◽  
...  

Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.


2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.


2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.


Author(s):  
Stefano Civitarese

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.


Author(s):  
Howard G. Brown

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.


Author(s):  
Sanford Levinson

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.


Equity ◽  
2018 ◽  
pp. 189-196
Author(s):  
Irit Samet

In this concluding chapter I discuss some findings from the analysis of three of Equity’s fundamental doctrines we explored: fiduciary law, proprietary estoppel, and clean hands. I wish to highlight the traits they share and consider the relationship between the legal ideals of efficiency and Accountability Correspondence which they exemplify. Drawing up the strings of the last three chapters will also reveal how the courts use the category of conscionability to ensure that the value of the Rule of Law is sacrificed only in cases where it is necessary to maintain a healthy balance with Accountability Correspondence, in a way that also serves efficiency. Finally, I wish to show how the discussions of the specific doctrines support the argument that the fusion project as a general solution to the friction between law and Equity ought to be rejected.


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