Prof. Thomas Fleiner Comparative Constitutional Legitimacy Discussion Spring 2008

1. Prof. Thomas Fleiner Comparative Constitutional Legitimacy Discussion Spring 2008

2. Democratic Governance − Good Governance

3. Principles Democracy Rule of Law Fundamental Rights

4. Democracy: Of the people By the people For the people Party System Electoral System Separation of Powers Information and Media Accountability Participation Capacity to deliver Effective administration Decentralization Local Governance Minorities Fiscal Governance Collective Rights Minimize Corruption Cooperation

5. Rule of Law That men are ruled by law an not by men Justice must be seen to be done Limits of Sovereignty Bonhams Case Independence of Judiciary Impartiality of Judges Professionalism of Judicial System Access to Justice Fairness of procedure Adversary – inquisitory procedure Jury - Trial Right to defense Time Mediator - Ombudsperson

6. Human Rights Golden Rule: Just as you want others to do for you, do the same for them. Constitutional Catalogue Restriction Emergency Reference to international law Fairness in Procedure Substantive due Process Constitutional – Administrative review (access to justice) Human Dignity Expression Information Religion Property Assembly Information Four freedoms Economic and Social Rights: Educa- tion, health, labor, housing

7. Main Problems of Constitutions Vagueness - implementation Human Rights – restrictions - emergency Consistency Accountability Judicial Independence and access to justice Decentralization Transparency Corruption Constitional Amendments and Revision Constitutional review Referendum