1. Legitimacy Discussion
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. That men are ruled by law an not by men
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. Golden Rule: Just as you want
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
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