Rule of Law and Sovereignty in Democratic States

The Rule of Law in Democratic States

Diamond and Morlino highlight the rule of law as the cornerstone of any democratic state. A robust legal system prevents exploitation and protects citizens from government overreach. In states where the law is respected, citizens enjoy free and fair elections, participate in shaping laws and policies, and hold their government accountable. A law-abiding government, in turn, respects public opinion, protects equal rights for all, and remains answerable for any misconduct across its executive, legislative, and judicial branches. Conversely, without the rule of law, democratic institutions weaken, citizen participation diminishes, and corruption flourishes. Many developing nations struggle to establish a strong sense of the rule of law due to various factors, including adherence to former state systems, the influence of ruling classes, or socio-cultural values that clash with the concept. However, even countries gradually adopting democratic elements can progressively implement the rule of law, echoing Carothers' Democratic Transition Paradigm, which emphasizes the positive impact of globalization on reducing inequality, fostering economic growth, and strengthening democratic values and institutions.

Principles of Intervention and Sovereignty as Responsibility

Muhammad and Evans outline six principles for justifiable international intervention. Just cause signifies a credible threat of mass atrocities like genocide or ethnic cleansing that the state fails to prevent. Right intention ensures the intervention aims to protect citizens, not serve the intervening country's interests. Last resort dictates that all other avenues, such as diplomacy and sanctions, must be exhausted before resorting to military action. Proportional means requires the intervention's scale to match the level of protection needed. Reasonable prospects assess the likelihood of success. Finally, right authority mandates proper decision-making channels, including approval from the UN Security Council or a similar international body. These principles underpin the authors' concept of "sovereignty as responsibility." This concept emphasizes that states bear a responsibility to protect their citizens and enact necessary changes. Intervening states must demonstrate empathy for those in need, and any call for protection should involve a planned response. The international community must first hold the state accountable and allow it the opportunity to address the situation independently. Intervention occurs only when the state is unable or unwilling to act, thus respecting state sovereignty while recognizing it as a responsibility, not merely a right.