Krytyka Prawa. Niezależne studia nad prawem

Does a Democratic Rule of Law Create Opportunity for Civic Engagement?

Sawicka, Jolanta

Uniwersytet Warszawski

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Abstract

The aim of the article is to outline the relationship between the rule of law and civic engagement in the public sphere and to attempt to answer the question whether the rule of law can be an effective tool in preventing the transformation of democracy in a tyranny of the majority; whether it can also create optimal conditions for democracy to develop. In other words, does the rule of law serve democracy and political engagement or does it rather limit the spontaneity of civic activity because stability cannot be reconciled with the freedom of citizens? The current ‘juridification’ of the public domain (the expansion of law into various areas of social existence) marginalises the validity and scope of civic presence in the decision- making process in the name of law-abidingness and the neutrality of instruments of control and of choices made by the ruling power. Can the effective solution to this situation be the opening of the concept of the rule of law to the idea of political nature and the expansion of the domain of grassroots participation?

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 11 
Issue 1 
Issue date 2019 
Type Article 
Language en
Pagination 150-164
DOI 10.7206/kp.2080-1084.280
ORCID Sawicka, J.: 0000-0002-9557-0318
ISSN 2080-1084
eISSN 2450-7938