The chapter discusses the relationship between popular rule and the rule of law. Many scholars insist that the rule of law strengthens democracy by creating predictability, equality under the law, and counteracting arbitrariness in the exercise of power. Why this is needed, however, is open to debate. The chapter examines three different arguments as to why democracy needs a constitution: to tame popular power, to reduce corruption among the elites, and to bind equals to each other.

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Does Democracy Need a Constitution?

  • Sofia Näsström

摘要

The chapter discusses the relationship between popular rule and the rule of law. Many scholars insist that the rule of law strengthens democracy by creating predictability, equality under the law, and counteracting arbitrariness in the exercise of power. Why this is needed, however, is open to debate. The chapter examines three different arguments as to why democracy needs a constitution: to tame popular power, to reduce corruption among the elites, and to bind equals to each other.