Although political conflicts have sometimes escalated into violence, such as labor disputes, race riots, and conscription riots, citizens need to understand that political conflict in the United States has generally been less confrontational and violent than in many other countries. This is partly because, with the great exception of the Civil War, political conflicts in America have generally taken place within a constitutional framework that allows for protest politics and promotes the peaceful settlement of disputes. Democratic stability depends on the self-imposed balance of the rule of law, which is often inherently vulnerable. The viability of the rule of law ultimately depends on citizens: if they elect leaders who violate the rule of law, the rule of law will decline rapidly. In fragile societies affected by conflict, the rule of law is particularly fragile. Laws and regulations aimed at maintaining order do not have a direct impact on behaviour or security, and therefore on democracy. Implementing strong rule of law principles in conflict-affected societies poses particular challenges because, in addition to promoting the rule of law in judicial and legislative institutions, the security sector – including the military, police and prisons – must also have a solid foundation in the rule of law. The rule of law is closely linked to the ideals of democracy. A democratic state governed by the rule of law is one where citizens elect their own leaders, and the government itself is bound by the law while helping to ensure that the law is respected by the state`s citizens. Democracy cannot exist without the rule of law, particularly without the rule of who should hold public office in the light of the results of elections. However, it is not enough to support the rule of law during a single election season. Democratic stability depends on a self-binding balance.
In other words, politicians must respect the limits of their actions in a democracy, especially with regard to citizens` rights. Institutions that support each other and do not function on the basis of the individuality of individual actors are powerful actors that stabilize this balance. In a stable and autonomous institution, all conflicts are resolved according to institutional rules, and thus the rule of law stabilizes democratic society. The rule of law in a democratic institution allows governments to impose their will through general laws and then be subject to that legislation themselves. No one is above the law, which is, after all, the creation of the people, not something imposed on them. The citizens of a democracy submit to the law because they realize that they are submitting, albeit indirectly, to themselves as legislators. When laws are made by the people, who must then obey them, law and democracy are served. I hosted an event yesterday with co-chairs of the Brennan Center`s bipartisan National Working Group on the Rule of Law and Democracy, former U.S. Attorney Preet Bharara and former New Jersey Governor and EPA Administrator Christine Todd Whitman, Task Force member and former Attorney General Don Verrilli, and Janai Nelson, Deputy Advisor to the NAACP Legal Defense and Educational Fund. on the current state of the rule of law in that country. It was a fascinating and very timely conversation, and I encourage people to watch it. An understanding of U.S.
behavior on the world stage and the processes by which foreign policy is shaped and implemented provides the basis for judging the right direction of U.S. foreign policy. In addition to experience, several intellectual traditions have influenced the development of American constitutional democracy. Among the most important were the ideas of classical liberalism, which emphasized individual rights, and classical republicanism. For most of our history, the ideas associated with liberalism have prevailed. These ideas emerged in the seventeenth century and were developed during the eighteenth-century Enlightenment. The idea that the individual, who possesses certain inalienable rights, is the basic unit of society is the fundamental element of classical liberal thought. Classical liberalism implies the idea that governments are created by the people to protect their inalienable rights to life, liberty, and property, and derive their authority from the consent of the governed.
The Declaration of Independence is a concise exposition of the central ideas of classical liberalism. All of these governments — national, state, and local — affect the daily lives of every American. This complex system of several levels and ministries is difficult to understand and sometimes ineffective. This may delay or prevent actions that may or may not be desirable. However, this system was seen by the framers of the Constitution as a major means of limiting the power of government. It also provides many opportunities for citizens to participate in their own governance. It reflects the principle of popular sovereignty, enables citizens to hold their governments to account, and helps ensure the protection of people`s rights. Unlike many other nations, the United States has never known feudalism, accepted an inherited caste system, or recognized a nobility. The existence of a border, massive and persistent immigration, and abundance and widespread ownership have fostered the growth of a democratic way of life. Notable exceptions that have worked against the achievement of social equality include the history of slavery, the treatment of Native Americans, and discrimination against various groups. (…) a principle of governance according to which all persons, institutions and public and private bodies, including the State itself, are responsible for the implementation of laws promulgated publicly, equally applied and decided independently, and which are in conformity with international human rights standards.
It also requires measures to respect the principles of the rule of law, equality before the law, accountability before the law, fairness in law enforcement, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency.2 The electoral justice system is another example of the links between democracy and the rule of law. The electoral justice system ensures that every act, procedure and decision related to the electoral process is in accordance with the law and that the enjoyment of the right to vote is protected and restored, so that persons who believe that their right to vote has been violated have the opportunity to lodge a complaint, to be heard and to receive a verdict. An electoral system is an essential instrument of the rule of law and the ultimate guarantee of respect for the democratic principle of free, fair and fair elections.6 Political leadership and careers in public service are essential in a democratic society. Citizens need to understand the contributions of those who work in the public service, as well as the practical and ethical dilemmas faced by political leaders. There have always been differences between the realities of everyday life and the ideals of American constitutional democracy. The history of the United States, however, has been marked by persistent attempts to narrow the gap between these ideals and reality. For these reasons, Americans united in political movements to abolish slavery, expand the right to vote, remove legal support for segregation, and create equal opportunity for all.