RT info:eu-repo/semantics/article
T1 Rule of Law and Political Representation
A1 Bello Hutt, Donald
K1 Rule of law
K1 Representation
K1 Preferences
K1 Public interests
K1 Constitutionalism
K1 72 Filosofía
AB How do the rule of law and political representation relate to each other? I answer this question, hitherto neglected by rule-of-law scholars, taking my cue from Joseph Raz’s revision of his conception of the rule of law and by relying on a distinction between preferences and interests, which pervades discussions of political represen tation. I argue that political representatives’ attention to their constituents’ prefer ences, and not just their interests, is a necessary feature of a conception of represen tation that expresses a robust allegiance to the rule of law. More specifcally, that such allegiance is better honoured when representatives are responsive to prefer ences warranted by public interests. I ofer two groups of rule-of-law reasons for that claim. First, because respect for preferences by representatives facilitates the conditions for the law to be obeyed. Second, respect for those preferences through the justifcation of the representatives’ collective decisions allows for accountability and for non-arbitrary creation and application of the law. I fnish addressing a three fold objection to my reliance on preferences as objects that representatives should consider when making their decisions
PB Springer
SN 1876-4045
YR 2021
FD 2021
LK https://uvadoc.uva.es/handle/10324/50380
UL https://uvadoc.uva.es/handle/10324/50380
LA eng
NO Hague Journal on the Rule of Law, 2021.
NO Producción Científica
DS UVaDOC
RD 28-nov-2024