Study On The Legal Paradox About Democracy

Over 2,000 years ago the ancient Greeks created democracy. Today it becomes modern model of rule of law. Democracy is not only an entity, but also a procedure. So democracy is the basis of procedure for the modern law. However, democracy, both in entity and in procedure, contains a lot of contradictions and difficulties. This means law, which both constituted and implemented basing on democratic procedure, contains a lot of contradictions and difficulties also. This thesis tries to discover these contradictions and difficulties in degree, providing a way to solve it.This thesis includes three parts: preface, main body and conclusion. It is comprised of four chapters.In the preface part, it points out that there are a lot of contradictions and difficulties in democracy and law and explains the necessity of study on the democratic paradox.Chapter 1 provides an introduction on democracy. This chapter mainly analyzes democracy meaning. It points that democracy is needful for law, and points out democracy is the basis of procedure for law. So democracy is an inevitable choice for law.Chapter 2 points out the paradox about democracy. Through talking about the contradiction about democracy, this chapter points out democracy self has a lot of paradox in majority-forming, in majority-decision and so on. So it destines the majority-voting paradox and the unanimous vote paradox about democracy in the decision-making mechanism.Chapter 3 points out the legal paradox mode in the democratic procedure. This chapter shows law contains a lot of contradictions and difficulties where law is constituted or implemented because of the procedure paradox about democracy.Chapter 4 provides the method-solving of the legal paradox about democracy. This chapter mainly analyzes the possibility of method-solving of the legal paradox about democracy. It puts forward the method-solving from the democratic paradox self and the democratic decision-making procedure self, etc.The conclusion part simply introduces the advantage and the shortage about this thesis.