Font Size: a A A

The Democratic Significance Of The Right Of Association

Posted on:2009-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:X M YangFull Text:PDF
GTID:2206360245476471Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Direct democracy and indirect democracy are two main forms of the realization of democracy. Ancient Greece direct democracy is not feasible because of its inherent defects like high cost, high-risk. Representative is the main form of contemporary indirect democracy, which also has the corresponding system defects. However, the specific form of the flaws of democracy can not be denied democracy itself in the modern value of the rule of law in the core position. Therefore, it is necessary to achieve a greater degree of democracy, the key lies in deepening democracy, the search for a new democratic system, with new democratic mechanism fill the democratic form of the original inadequate. In many Western commentators indirect democracy is said to be a "composite" of a democratic system. This sense of indirect democracy not only refers to indirectly elected under the parliamentary system, but also includes members of the public and social intermediary organizations and the interests of polymerization function integration views. Thus, the rights of association can correct deficiencies of representative democracy. The rights of association can promote the formation of "strong democracy" in order to protect minority benefits. At the same time can make the "informal" Construction of the Democratic legislative process, making public participation principles and the principle of rule of the elite combination. The democratic significance of the rights of association still lies in its constraints on the role of state power. Community organizations under the framework of Contemporary people social theory is an important carrier of social power. Social power, as a powerful force outside the national power, is no doubt a strong barrier to prevent illegal operation of powers. Social power constraints to the specific form of state power, including the separation of powers, influence and oversight, coordination, and so on. The rights of association for the protection of democracy is manifested in the democratic process of the formation of life. The rights of association shapes democratic way of life mainly in three aspects: First, the rights of association fosters the spirit of democracy; Second, the rights of association provides a basic platform for communication and consultation; Third, the rights of association constitutes a prerequisite for effective social autonomy.
Keywords/Search Tags:rights of association, democracy, Representative, social power
PDF Full Text Request
Related items