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Power Under The Control Of Democratic Institutions

Posted on:2012-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:F XiaoFull Text:PDF
GTID:2166330338454372Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Montesquieu said: "People have the right to use the power of the place until the event was ending boundaries." Like a double-edged sword of power, authority determines that the interests of its people and society can not only bringinterests, also decided that it may have and are bringing the power of private interests in pursuit of the interests of those in power when using the power inherent in the abuse of power.To prevent abuse of power, this paper discuss the framework of a democratic system of power control.Democracy and the rule of law are universal values of human society, Aristotle considered: the rule of law has two requirements, first, the law is good law; second method can be universally observed.Only a good law that has the legitimacy and rationality of compliance.Good law and should be produced in a democratic system, because democracy is the most able to express the will of various interest groups in society's system, only in a democratic system it has to comply with the legal legitimacy.I believe that democracy is not a simple majority, democracy should be the national game of each interest group is the interest groups in pursuit of the interests of the Group to maximize mutual negotiation, compromise, pursue the interests of equity of the system, under the democratic system,stakeholders should be equal and free.Various interest groups involved in legislation in a democracy, the mutual interests of equity is the most effective constraints on the legislative power to prevent the "draconian" generation.In the good law within the legal framework supporting systems can take a variety of power to control and prevent the abuse of power.On power can be divided into two levels, the first layer is to control the power itself, when the excessive concentration of power can easily lead to tyranny of the situation would inevitably lead to power difficult to control the situation, any controller for centralized autocratic ways have become every weak. Therefore, in order to prevent tyranny, to prevent concentration of power, the first way is to use decentralized. I believe that decentralization is an effective way to prevent the authoritarian dictatorship, but the separation of powers does not necessarily produce the pattern of the balance of powers, it must adopt a scientific approach to the rational allocation of the power structure, resulting in the decentralization of power to effect the power constraints. The second is to control the exercise of power, first through the operation of one or more powers to restrict the operation of another power, that power is the power of the system of horizontal and supervision. Followed by the right to control the power of power in operation at all times be the subject of rights in order to prevent damage to their own interests and make the proper conduct of the constraints. Once again, through the process of power to control the operation of the program is the optimal operation of power chains, so that the main power in the palm are eligible under the program make operation at a fixed right to act. Finally, the exercise of responsibility by law to increase the cost of abuse of power to control the power of accountability to prevent abuse of power.
Keywords/Search Tags:Democratic System, Power, Power Control
PDF Full Text Request
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