law. The principles of popular sovereignty are embodied in communication and participation rights, while the rule of law is expressed in rights of private and publicautonomy.
He envisions a popular sovereignty protected by procedural rules as the best wayto justify political authority and the application of the rule of law. The administrative programs are necessary to create conditions for civil and voluntary associations, and civiland voluntary associations are necessary to create conditions for legitimate publicadministration. In this way, the rule of law and popular sovereignty are seen as co-original and interdependent, they providing support for each other.The need for a theory of justice arises when people find themselves confrontedwith administrative structures that would govern their public or private behaviour. In themodern era, whether in the form of commonplace regulation like a traffic ticket, or thecries of large numbers of people unable to free themselves from poverty, democraticgovernments must provide public reasons for administrative actions. According toHabermas, the use of administrative coercion and/or intervention, or lack thereof, make a basic political consensus among citizens absolutely necessary.
The Role of the Legal System
Our modern legal system relies on principles of justice to function. These principles find expression in the form of positive law. In democratic forums, political
The Inclusion of the Other
. Frankfurt (1996). pp.258-259.