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Democratic Governance: Principles for Effective Administration and Rule of Law

Explore the fundamentals of democracy, rule of law, and good governance principles in comparative constitutional legitimacy discussions. Understand the importance of separation of powers, accountability, transparency, and access to justice in upholding constitutional values. This discussion delves into the role of political parties, electoral systems, and the judiciary in promoting justice and fairness. Learn about the challenges of implementing constitutional provisions and the significance of protecting fundamental rights in democratic societies. Uphold the golden rule of treating others as you would like to be treated in the realm of constitutional governance.

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Democratic Governance: Principles for Effective Administration and Rule of Law

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  1. Prof. Thomas Fleiner Comparative Constitutional Legitimacy Discussion Spring 2008

  2. Democratic Governance − Good Governance

  3. Principles Democracy Rule of Law Fundamental Rights

  4. Democracy: Of the people By the people For the people Party System Electoral System Separation of Powers Information and Media Accountability Participation Capacity to deliver Effective administration Decentralization Local Governance Minorities Fiscal Governance Collective Rights Minimize Corruption Cooperation

  5. Rule of Law That men are ruled by law an not by men Justice must be seen to be done Limits of Sovereignty Bonhams Case Independence of Judiciary Impartiality of Judges Professionalism of Judicial System Access to Justice Fairness of procedure Adversary – inquisitory procedure Jury - Trial Right to defense Time Mediator - Ombudsperson

  6. Human Rights Golden Rule: Just as you want others to do for you, do the same for them. Constitutional Catalogue Restriction Emergency Reference to international law Fairness in Procedure Substantive due Process Constitutional – Administrative review (access to justice) Human Dignity Expression Information Religion Property Assembly Information Four freedoms Economic and Social Rights: Educa- tion, health, labor, housing

  7. Main Problems of Constitutions Vagueness - implementation Human Rights – restrictions - emergency Consistency Accountability Judicial Independence and access to justice Decentralization Transparency Corruption Constitional Amendments and Revision Constitutional review Referendum

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