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Democracy,
Legitimacy, and the Rule of Law
Paper Synopsis
Thomas M. Franck
Professor and Director, Center for International Studies, New York University
School of Law and President, American Society of International Law
Democracy,
legitimacy and the rule of law are the three essential components
of good governance, which, however, results only when all three independent
variables are brought together in tandem. None of these elements, by itself,
assures good governance. Free and fair elections do not necessarily protect
against corruption of the legislative process. Democratic rule by the
majority does not invariably protect minorities from oppression. Judicial
supremacy has the potential for promoting elitist autocracy as well as
for the protection of basic liberties. The three elements' potential for
promoting good governance is maximized when all three are deployed concurrently.
Concurrent deployment, however, creates its own problems. When a society
seeks to combine the benefits of democracy, legitimacy and the rule of
law, these elements may be brought together in severe tension, as voters,
legislators and judges vie for supremacy. Thus, good governance requires
not only that all three elements be deployed concurrently, but that they
be balanced. Increasingly, governance is expressed not only through
national but also in international forums. As international law and institutions
join their national counterparts in governance -- even at some cost to
traditional Westphalian notions of state sovereignty -- it becomes important
that they, too, be made accountable to emerging global standards of democracy,
legitimacy and the rule of law, and that these operate in equilibrium.

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