Republican Democracy and Rule of Law

This chapter presents the fundamental concept of republican democracy, drawing from the Aristotelian perspective, in contrast to the Schumpeterian model of democracy, which has been widely recognized as the standard form of democracy since the twentieth century. This chapter argues that there are three main elements of republicanism: a mixed constitution that enables the republic to secure the freedom of its citizens; the principle of nondomination, in which the power holder does not oppress anyone; and finally, a solid participatory element from virtuous citizens that can keep the republic intact. This chapter, however, argues that democracy and republicanism are not enemies; they can be partners who need each other to thrive. A just republic needs to be strengthened by democratic mechanisms. Similarly, if democracy wants to survive without sliding into tyranny, it also needs to be supported by its republican partner. The rule of law is a point of contact between republicanism and democracy. This chapter then focuses on the teleological approach to the rule of law, which begins with a postulated end (telos) of the rule of law, rather than a list of attributes of an independent judiciary, such as the prohibition against retroactivity.