The Evolution of Political Law

AuthorGregory Tardi
Pages157-168

 
The Evolution of Political Law
Balance in the Achievement of D/democracy
e political law analysis of the principal institutions and mechan-
isms of D/democratic government and governing enables observ-
ers to formulate system-wide questions that are both useful and
necessary to the understanding of the subject matter. e principal
question here deals with the strength of the role of the line of justi-
f‌ication of state action that runs through the Constitution, the law,
jurisprudence, and legally justif‌ied government action.
We have established that the central pillar of D/democracy is the
rule of law. e question of the extent to which law guides public
life or binds public life is still unanswered. Where is the balance
between the role of law and the role of politics in the conduct of the
aairs of state? Moreover, in the sense that political law involves the
tripartite view of law, policy, and politics, it may also be worthwhile
to add the role of policy to the law and politics dichotomy. Bearing
in mind that policy relates essentially to public services, rather than
to society at large, the issue is best framed by asking what force is
strongest in D/democratic society.
On this issue, opinions vary. In the view of some, D/democratic
regimes are primarily founded on the political will of the people, and

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT