Page 106 - kpi17968

95

Democracy is the term that most people agreed on. Again,
there is a different understanding that Professor Harding already
mentioned. There are different understandings of what democracy
means around the world. In Western ideology, democracy is the
majoritarian concept in essence. Majority decides but we still have
a variety of more consensus oriented models and more conflict
oriented models. There are a lot of things to choose and discussed.
Therefore, can rule of law be without democracy? I think in our
modern understanding; it cannot be anymore. We think it was
possible in the 19th century. At least Germany would think that
we have elements of strong element of rule of law in 19th century
but we still were not democracy and we were one of the latest
States to become democracy in Europe. Today, I think, things are
seen quite differently. I would argue that democracy it quite
difficult to imagine the one lives without the other in both
directions. We need rule of law to be a proper democracy I think it
was mentioned.

In Germany, one of the main focused points in the current
German constitutional clause is the decision about elections and
democratic principle; especially, in respect to European integration
process. The questions were how sovereignty has to be, where
democratic accountability in the end lies in this integration
process. And in election, there is also election law and how
election law are decided to be fair and balanced. That is the huge
priority at the moment and it is controversial in our country.
I think in that sense, it is obvious that rule of law and democracy
are quite connected. And what is connected is human rights.
Obviously, it was the term that is probably still missing in the long
list of difficult term mentioned in this panel. Obviously, many
aspects we consider to be rule of law and what is consider to be
part of the democracy principles can also be discussed under the
subject of human right. It starts with the subject of the right of
democracy; is there a right to rule of law in general? I think we
would find a good starting point in discussion of many aspects of
those principles which also covered by human rights and basic
rights catalogue.

การอภิปรายรวมระหวางผูแทนจากตางประเทศ