Professional Documents
Culture Documents
INCLUSIVE GOVERNANCE
Sambridh Ghimire
Vth Year
2012
In framing a government which is to be administered by men over men, the
great difficulty lies in this: you must first enable the government to control
the governed; and in the next place oblige it to control itself.
James Madison
INTRODUCTION
At the bedrock of
All modern civilizations Why democracy as a
democratic principles are
today aspire to create or system of governance
universal freedoms such
preserve the ideal of a allows for extensive
as freedom of speech,
democratic form of representation and
expression and
government inclusiveness
association.
In a constitutional democracy, how can citizens and other non-state actors alike ensure
accountability from political parties or representatives?
Theoretically, constitutions provide for such limitations, but practically, citizens wield
power against their elected representatives only during the time of elections. During
the five-six years in between, political parties and representatives do not feel any
obligation or compulsion to fulfill their election mandates, constitutional or statutory
obligations.
HYPOTHESIS AND ARGUMENT
Rule of law, an essential feature of every constitutional set up, can serve as an
effective political weapon in the hands of non-state actors to ensure that the
government functions in accordance with the constitutional, statutory and election
mandate.
Till now, this doctrine has been understood in an abstract and theoretical sense, but
it can be effectively be utilized by non-state actors in the sphere of election law to
demand their rights and keep the government in check.
RESEARCH QUESTIONS
The paper will primarily be analytical where theoretical principles will be applied
to electoral law. Further, it will be an investigatory paper to see how case law in
India has applied rule of law to elections successfully and assess if such an
approach is feasible
CONSTITUTIONAL DEMOCRACY AND
RULE OF LAW
Constitutional type of political regime wherein the authority of the government is
Democracy defined, structured and limited by the constitution of the nation; and
the public has effective means to decide their elected representatives
and measures to hold them accountable for their actions in office.
Contains (a) the constitutional element and (b) the democratic element
A principle of governance in which all persons, institutions and entities, public and
private, including the State itself, are accountable to laws that are publicly
promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards.
Art 101-104:
Part III: Fundamental Art 105: Privileges and
Qualification of
Rights Immunities
members
Defection
Kiloto Hollohan v. Zachilu: necessary for the sustaining the purity of democracy.
SUBVERSION OF DEMOCRACY
Issues to Consider
Articles
U.N. Chronicle, RULE OF LAW AND DEMOCRACY: ADDRESSING THE GAP BETWEEN POLICIES
AND PRACTICES
Thomas Carothers, RULE OF LAW REVIVAL
Max Kempelman, RULE OF LAW AND FREE ELECTIONS
Reports
Election Commission Compendium on Supreme Court on Election Law
THANK YOU