Reflecting on the rule of law : its reciprocal relation with rights, legitimacy, and other concepts and institutions
By: DONNELLY, Samuel J. M
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ArticlePublisher: Thousand Oaks : SAGE, January 2006The Annals of The American Academy of Political and Social Science 603, p. 37-53Abstract: Arguments concerning law and social change call for a relationship between legitimacy, the rule of law, and respect for rights. To the extent that a government is subject to the rule of law, the human and civil rights of its citizens are advanced. When citizens can bring disputes concerning rights to court rather than fight in the streets, the rule of law is enhanced. Respect for rights and the rule of law are likely to make a government more acceptable and hence more legitimate. A basic requirement of legitimacy is that government advance everyone's share of primary social goods, their opportunity to participate in society and hence their basic rights. Rights are not only statements of ideals or entitlements but goals and tools for pursuit of those goals, means for pursuing law reform, advancing the rule of law, and enhancing society's legitimacy.
Arguments concerning law and social change call for a relationship between legitimacy, the rule of law, and respect for rights. To the extent that a government is subject to the rule of law, the human and civil rights of its citizens are advanced. When citizens can bring disputes concerning rights to court rather than fight in the streets, the rule of law is enhanced. Respect for rights and the rule of law are likely to make a government more acceptable and hence more legitimate. A basic requirement of legitimacy is that government advance everyone's share of primary social goods, their opportunity to participate in society and hence their basic rights. Rights are not only statements of ideals or entitlements but goals and tools for pursuit of those goals, means for pursuing law reform, advancing the rule of law, and enhancing society's legitimacy.
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