The Evolution of Political Law

• Author: Gregory Tardi
• Pages: 157-168

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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