1. Democracy, Rule of Law, and Human-Centered Constitutionalism
Democracy and the rule of law are fundamentally interconnected. A functioning democracy requires a robust legal framework that protects individual rights and ensures accountability. Conversely, the rule of law is essential to democracy, providing a system where laws are clear, just, and equally applied, irrespective of individual status or power.
Constitutionalism is inherently anthropocentric, centered on human dignity. This dignity, inherent to every person by virtue of their humanity, includes freedom and equality. These three principles—dignity, freedom, and equality—form the core of value-based constitutionalism. Such constitutionalism is only genuine if it upholds these values; otherwise, it may merely be a formal organizational statute.
Freedom, particularly political freedom, is a central aspect of this framework. It is not only the absence of obstacles but also the capacity for individuals to participate in defining the limits of their freedom. These limits are justified by the equal freedom of others and the collective good. Thus, freedom inherently includes accepting and shaping its limits through democratic laws and shared governance.
In summary, freedom encompasses both individual autonomy and the collective determination of the boundaries necessary to ensure mutual respect and the public good. It is fundamentally democratic, requiring legal structures that both enable and constrain in accordance with shared values.
While human dignity is absolute and inviolable, freedom may be limited—but only for legitimate purposes and to the extent strictly necessary. Any limitation must respect the essential nature of freedom and align with the principle that restrictions are exceptions requiring justification.
Democracy must be fully realized in practice. Although it has structural limits—such as electoral thresholds, bans on anti-democratic parties, and restrictions on campaign financing—these must serve the protection of the democratic order itself.
1.2. The Constitution as a Living Instrument
The core values of dignity, freedom, and equality are embedded in every genuine constitutional system, regardless of whether they are explicitly written. A constitution is not merely a historical document; it is a living system, complete in its value orientation and subject to dynamic interpretation.
Values evolve, and constitutional interpretation must adapt accordingly. Concepts such as dignity and the rule of law have gained textual prominence only in recent history, yet they have long been implicit within the constitutional framework. The constitution must therefore be interpreted evolutionarily, reflecting current societal understandings and needs.
2. The Rule of Law as a Bridge Between Values and Institutions
2.1. Legality and Constitutionality: External Dimensions of the Rule of Law
The rule of law bridges values and institutions. It ensures that public authority is exercised only in accordance with law, within a hierarchical legal structure led by the constitution. Only laws that conform to the constitution are valid within the rule of law, and general legal principles and international obligations must also be respected.
Modern conceptions of the rule of law are rooted in constitutionality rather than mere legality. Legality was a foundational step in the 19th century, but today’s rule of law requires adherence to constitutional norms. Lawmaking, though a political process, must align with the constitution to reflect the general will.
As the French Constitutional Council stated in La Nouvelle-Calédonie (1985): “The law only expresses the general will when it complies with the Constitution.”
The constitution, as the fundamental expression of social consensus, stands above politics. Constitutional jurisdiction ensures that political action remains within this framework and corrects overreach when necessary.
In a globalized context, the rule of law must also include international and supranational law, especially within the European Union. These external legal frameworks bind states and are integral to the rule of law.
2.2. Value Orientation of the Rule of Law
The rule of law is not value-neutral; it reflects and enforces the core values enshrined in the constitution. Institutions must function in alignment with these values—particularly democracy, as a manifestation of political freedom and human dignity.
This interdependence is evident in electoral rights, parliamentary structures, and citizen participation. Without democracy, there can be no true guarantee of dignity or equality. The rule of law thus requires a value-based orientation and cannot exist without democracy.
2.3. Majority Rule as the Instrument of Democracy
Democracy relies on majority rule as a practical expression of collective self-determination. This principle is embedded in constitutional and procedural rules, including referendums and parliamentary processes.
Majority rule resolves the inherent tension between individual freedom and social equality. While unanimity might be ideal, it is rarely feasible. Therefore, majority decisions are legitimate not because they are inherently correct, but because they result from a democratic process.
Constitutional review ensures that majority decisions do not violate constitutional principles. Rousseau’s idea of the always-errant minority is incompatible with modern democratic theory, which emphasizes legal and constitutional safeguards for all.
Qualified majorities may be required for significant decisions but should not be the norm, as overuse can hinder democratic functionality.
2.4. Representative Democracy and Separation of Powers
Democracy means self-governance. In modern states, direct democracy is impractical, so representation becomes essential. Elections establish a trust relationship between the people and their representatives, who are tasked with pursuing the general will.
This mandate must be free, equal, general, and transparent. Representation is legitimate only if these conditions are met. Political pluralism, expressed primarily through parties, ensures diverse viewpoints and enables ongoing public dialogue and accountability.
Representation can be complemented by direct democratic elements, which help maintain the legitimacy and responsiveness of the system.
Governance, though based on majority rule, is time-bound and subject to renewal. Throughout its duration, it must remain constitutionally constrained and oriented toward the rule of law. All institutions exercising public power derive their legitimacy from the people.
2.5. Internal and External Democratic Requirements
Internal Requirements:
Those exercising power must be democratically and constitutionally appointed. Governance must operate within a freedom-oriented and constitutionally secure structure. The separation of powers limits the concentration of authority and helps prevent the abuse of power. Institutional design must reflect democratic principles and preserve freedom through decentralization and functional allocation.
External Requirements:
A democratic legal system must enable minority voices to become majorities. This requires a competitive multiparty system, internal party democracy, transparency, media freedom, and guarantees of civil liberties like free expression and assembly. Independent courts and access to justice are crucial safeguards.
Democracy thrives only when these conditions are supported by a democratic culture that respects and promotes the underlying values.
Story by: Alexander Kukah@kukahalexander7@gmail.com
