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The Road to Political Democracy From Plato to the Charter of Fundamental Rights of the European Robert Senelle Clement Van de Foreword by Stephen Breyer Justice of the United States Supreme Court Post-script by Herman Van Rompuy President of the European Council ASP

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Page 1: The Road to Political Democracy

The Road to Political Democracy From Plato to the Charter of Fundamental

Rights of the European

Robert Senelle Clement

Van de

Foreword by Stephen Breyer Justice of the United States Supreme Court

Post-script by Herman Van Rompuy President of the European Council

ASP

Page 2: The Road to Political Democracy

Contents

Preface 7

Foreword by Stephen Breyer, Justice of the United States Supreme Court 9

Part I - The Red Wire - From the Narrow Path in Antiquity to the Broad Contemporary Stream 13

The Foundations of the Road to Political Democracy 15 The First Question On the Origin of the State and the Need to Rule and to be Ruled 15 The Second Question - On the Different Political Systems -The Importance of the Roots in Antiquity 20 The Third Question - On what Ground is the Ruler's Authority founded? 27

L2. The Pavement of the Road to Political Democracy 35 The Rule by Turn 35

The Ruler 35 Turn 42

How to 43 The Horizontal Redistribution of Power 43 The Vertical Redistribution of Power 56

Controls, Orders and Prohibitions 59 Auditing 59 The Negative Limits to the Power of the Ruler 59 The Positive Limits to the Power of the Ruler 71 The Relationship between Ruler and Religion 77

The End of Rule 82 The Middle Class 87

Two Fundamental 88 The Middle Class and Political Democracy 92

The Rule of Law 94 Education 97

The Journey on the Road to Political Democracy 101 Setbacks on the Road to Political Democracy 102 The Pointers on the Road to Political 104 Democracy 104

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The Road to Political Democracy

Part II - The Workers on and the Building Blocks of the Road to Political Democracy 109

ILL Plato Excerpts Crito The Republic 117

2 117 3 119 4 120 5 122 6 132 7 133 8 138

The Statesman 154 Comments 157

With Regard to the Author, Plato 157 With Regard to Plato's Central Ideas on Democracy 158

The Political Systems 158 Gender Differentiation 168 Communism? 168 The Rule of Law 169

With Regard to the Influence of Plato's Theory on Today's Political Democracy 170

II.2. Aristotle (384-322 BC) - The Politics (335-323 BC) 173 Excerpts 173

I 173 II 181 III 185 IV 193

199 VI 203 VII 203

Comments 206 With Regard to the Author, Aristotle 206 With Regard to his Central Ideas on Democracy 207

Man is by Nature a Political Animal 207 The Six Forms of Government 208 Oligarchy vs. Democracy 209 On Gender Discrimination vs. Differentiation 214 On Slavery 216 Aristotle's Critiques on Plato's The Republic 217

With Regard to the Influence of Aristotle's Theory on Today's Political Democracy 218

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Index

Marcus Tullius Cicero (106-43 BC) - Treatise on the Commonwealth (54 BC) 221 Excerpts 221

221 II 232 III 235

242 Comments 244

With Regard to the Author, Cicero 244 With Regard to his Central Ideas on Democracy 245

The Republic - The Various Forms of Government and the Instability of the Pure Forms 245 The Mixed Constitution 245 The Experience of the Roman Monarchy According to Cicero 246 Heated Debate between Advocates of Justice and Injustice 246

With Regard to the Influence of Cicero's Theory on Today's Political Democracy 246

The Magna Carta (1215) 249

Habeas Corpus Act (1679) 259

Bill of Rights (1689) - An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown 263

John Locke (1632-1704) -The Second Treatise of Civil Government (1690) 267 Excerpts 267

Chapter I 267 Chapter II - Of the State of Nature 268 Chapter IV - Of Slavery. 269

Property 270 Chapter VII - Of Political or Civil Society 271 Chapter the Beginning of Political Societies 273 Chapter the Ends of Political Society and Government .... 275 Chapter XI - O f the Extent of the Legislative Power 277 Chapter XII - Of the Legislative, Executive, and Federative

Power the Common-wealth 281 Chapter XIII - O f the Subordination of the Powers of the

Common-wealth 282 Chapter XIV - Of Prerogative 283 Chapter Conquest 284 Chapter Tyranny 285 Chapter the Dissolution of Government 286

Comments 288 With Regard to the Author. John Locke 288 With Regard to his Central Ideas on Democracy 289

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On the Divine Rights of Kings to Govern, the Government by Consent and the Law of Nature 289 From the State of Nature to Political Societies 290 The Organisation of Political Societies 293 The Fundamental Rights of Men 295 The End of Political Societies and the Right of Revolution 298

With Regard to the Influence of Locke's Theory on Today's Political Democracy 301

- Letters on the English (1733) 305 Excerpts 305

Letter VIII: On The Parliament 305 Letter IX: On The Government 307

Comments 310 With Regard to the Author, Voltaire 310 With Regard to his Central Ideas on Democracy

On Parliament 311 On Government 311

Charles-Louis de Secondat, Baron de Montesquieu (1689-1755) - De Vesprit des (1748) - (On) The Spirit Laws Excerpts 313

Preface 313 Book I - Of Laws in General 313

1.1 - Of the Relations of Laws to Different Beings 313 - Of Positive Laws 314

Book II Of Laws Directly Derived from the Nature of Government 315

II. 1 - Of the Nature of the three different Governments 315 Book III - Of the Principles of the Three Kinds of Government 315

III. 1 Difference between the Nature and Principle of Government 315

III. 2 - Of the Principle of different Governments 315 III. 3 - O f the Principle of Democracy 316 III. the Principle of Monarchy 316 III. 9 - Of the Principle of Despotic Government 317 III. 10 - Difference of Obedience in Moderate and

Despotic Governments 317 Book IV - That the Laws of Education Ought to Be in Relation to the Principles of Government 318

IV. Education in a Republican Government 318 Book V That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government 318

V. Book 318 V. 2 What is meant by Virtue in a Political State 319 V. 3 - What is meant by a Love of the Republic in a

Democracy 319

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Index

V. 4 - In what Manner the Love of Equality and Frugality is inspired 320

V. 5 - In what Manner the Laws establish Equality in a Democracy 320

V. 6 - In what Manner the Laws ought to maintain Frugality in a Democracy 322

V. 7 - Other Methods of favouring the Principle of Democracy 323

Book VI - Consequences of the Principles of Different Governments with Respect to the Simplicity of Civil and Criminal Laws, the Form of Judgments, and the Inflicting of Punishments 323

VI. 9 - Of the Severity of Punishments in Different Governments 323

Book VIII. Of the Corruption of the Principles of the Three Governments 323

VIII. 2 - Of the Corruption of the Principles of Democracy ... 323 VIII. 3 - O f the Spirit of extreme Equality 324

Cause the Corruption of the People 325 VIII. Effect of an Oath among virtuous People 325 VIII. 16 - Distinctive Properties of a Republic 325 VIII. Properties of a Monarchy 325 VIII. 19 - Distinctive Properties of a despotic Government .... 326 VIII. of the preceding Chapters 326

Book the Laws Which Establish Political Liberty, with Regard to the Constitution 326

XL 1 - A general Idea 326 XL 2 - Different Significations of the word Liberty 327 XL 3. - In what Liberty consists 327 XL 4. - The same Subject continued 327 XI. 5 . -Of the End or View of different Governments 328 XI. the Constitution of England 328 XI. 7 - Of the Monarchies we are acquainted with 335 XL 8 - Why the Ancients had not a clear Idea of

Monarchy 335 XL 9 - Aristotle's Manner of Thinking 336 XL - Of the Kings of the heroic Times of Greece 336

Book XV - In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate 337

XV. Origin the Right of Slavery 337 XV. Origin of the Right of Slavery 338 XV. 5 - Of the Slavery of the Negroes 338 XV. true Origin of the Right of Slavery 339 XV. Origin the Right of Slavery 339 XV. 8 of Slavery among us 340

Book XIX - Of Laws in Relation to the Principles Which Form the General Spirit, Morals and Customs of a Nation 340

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XIX. 1 the a Legislator 340 XIX. 4 Of the General Spirit of Mankind 340

14 - What are the natural Means of changing the Manners and Customs of a Nation 341

XIX. 16 - How some Legislators have confounded the Principles which govern Mankind 341

XIX. 27 - How the Laws contribute to form the Manners, Customs, and Character of a Nation 341

Book XXV. - Of Laws in Relation to the Establishment of Religion and its External Polity 346

XXV. 13 - A most humble Remonstrance to the Inquisitors of Spain and Portugal 346

Comments 347 With Regard to the Author, Charles-Louis de Secondat,

Baron de Montesquieu 347 With Regard to Montesquieu's Central Ideas on Democracy 349

Montesquieu 349 The Spirit Laws 352 The Typology of Regimes 354 On Equality and Liberty 360 Political Liberty and the Separation of Powers 361

With Regard to Montesquieu's Influence on Today's Political Democracy 366

David Hume Moral, Political, and Literary (1758) 367 Excerpts 367

367 Essay II — Of the Liberty of the Press 367 Essay the First Principles of Government 368 Essay V Of the Origin of Government 369 Essay VI - Of the Independency of Parliament 370 Essay VIII - Of Parties in General 372 Essay IX - Of the Parties of Great Britain 373 Essay XII - Of Civil Liberty 373 II 374 Essay XII - Of the Original Contract 374 Essay of a Perfect Commonwealth 376

Comments 376 With Regard to the Author, David Hume 376 With Regard to his Central Ideas on Democracy 377

On the Origin of the State 377 On Liberty 380 On the Importance of Legislative Power and the Separation of Powers 380

With Regard to the Influence of Hume's Theory on Today's Political Democracy 381

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Index

Jean-Jacques Rousseau (1712-1778) - Du control social ou principes du droit politique - The Social Contract or Principles Political Right (1762) 383 Excerpts 383

I 383 Subject of the First Book 383 The First Societies 384 The Right of the Strongest 384 Slavery 384 That We Must Always Go Back to a First Convention .... 385 The Social Compact 385 The Sovereign 387 The Civil State 388 Real Property 388

II 389 That Sovereignty Is Inalienable 389 That Sovereignty Is Indivisible 389 Whether the General Is Fallible 390 The Limits of the Sovereign Power 391 Law 392 The Legislator 393 The People 394 The People (continued) 394 The Various Systems of Legislation 395 The Division of the Laws 395

III 396 Government in General 396 The Constituent Principle in the Various Forms of Government 397 The Division of Governments 398 Democracy 399 Aristocracy 399 Monarchy 400 That All Forms of Government Do Not Suit All Countries 401 The Marks of a Good Government 401

10. The Abuse of Government and Tendency to Degenerate 402

III.l 1. The Death of the Body Politic 403 13. The Same (continued) [How the Sovereign

Authority Maintains Itself] (ev) 404 The Same (continued) 404

III. Deputies or Representatives 405 That the Institution of Government Is Not a Contract 405

The Institution of Government 406 How To Check the Usurpations Government 406

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Book IV 407 That the General Will Is Indestructible 407

IV.2. Voting 408 IV.3. Elections 409 IV.6. The Dictatorship 409 IV.8. Civil Religion 410

Comments With Regard to the Author, Jean-Jacques Rousseau With Regard to Rousseau's Central Ideas on Democracy

The First Societies and the State of Nature 412 From the Social Pact and the Sovereign People 413 Law 415 Diverse Forms of Government 415

With Regard to Rousseau's Influence on Today's Political Democracy 416

Paine -Common Sense (Feb. 419 Excerpts 419

Of the Origin and Design of Government in General, with Concise Remarks on the English Constitution 419 Of Monarchy and Hereditary Succession 422 Thoughts on the Present State of American Affairs 423 Of the Present Ability of America: with some 425 Miscellaneous Reflections 425 Appendix to the Third Edition 426

Comments 426

The Virginia Declaration Rights (June 427 Excerpts 427

The United States Declaration of Independence, adopted by the Continental Congress (July 429

Alexander Hamilton, James Madison, John Jay - The Federalist Papers (1787-1788) 433 Excerpts 433

No. 9 - The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection (Hamilton, November 1787) 433

No. 10 - The Same Subject Continued -The Union as a Safeguard Against Domestic Faction and Insurrection (Madison, 22nd November 1787) 434

No. 14 - Objections to the Proposed Constitution From Extent of Territory Answered (Madison, of November 1787) 436

No. 23 - The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union (Hamilton. December 1787) 437

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No. 39 - The Conformity of the Plan to Republican Principles (Madison, of January 1788) 438

No. 47 - The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts January 1788) 439

No. 48 - These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other (Madison, of February 1788) 440

No. 51 -The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments (Madison, of February 1788) 442

No. 70 - The Executive Department Further Considered (Hamilton, of March 1788) 444

No. 78 - The Judiciary Department (Hamilton, June 1788) 445

No. 84 Certain General and Miscellaneous Objections to the Constitution Considered and Answered (Hamilton, 16th and 26th of July and 9th of August 1788) 448

No. 85 - Concluding Remarks (Hamilton, and August 1788) 448

Comments 449 With Regard to the Authors, Alexander Hamilton, James Madison, John Jay and Publius 449 With Regard to their Central Ideas on Democracy 450

From the Articles of Confederation to the U.S. Constitution . 450 The Papers as an Apology for, and an Invitation to the Approval of, the Federal Constitution 451 The Utility of the Union for Political Prosperity - The Additional Security for the Preservation of Liberty and Property 451 The Necessity of an Energetic Government 452 The to True ... 453 Principles of Republican Government 453

With Regard to the Influence of the Authors 455 of The Federalist Papers on Today's Political Democracy 455

The Declaration of the Rights of Man and of the Citizen, adopted by the French National Constituent Assembly

26-27, 1789) ."

The Bill of Rights of the United States of America, proposed by the Congress on September 25. 1789 and entered into force on December 461 The Bill of Riahts 461

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Thomas Paine Rights Man (1791-1792) 463 Excerpts 463

Part The Second: Combining Principle and Practice 463 Chapter I Of Society and Civilisation 463 Chapter the Origin of the Present Old Governments .... 465 Chapter 3 Of the Old and New Systems of Government 466

Constitutions 469 Chapter 5 Ways and Means of Improving the Condition of

Europe Interspersed with Miscellaneous Observations 474

Comments 477 With Regard to the Author, Thomas Paine 477 With Regard to his Central Ideas on Democracy 478

Thomas Paine and Edmund Burke or the Difference Between Revolution and "Revolution" 478 From the State of Nature to Political Societies 479 The Forms of Government 481 The Constitution and the Supremacy of the Law 483 The Rights of Man 483 The Influence of Paine's Theory on Today's Political Democracy 485

Benjamin Constant (1767-1830) - The Liberty of Ancients Compared with that of Moderns (1819) 489 Excerpts 489 Comments 501

With Regard to the Author, Benjamin Constant 501 With Regard to his Central Ideas on Democracy 502

The Affirmation of Individual Liberties Against the Arbitrary 502 Freedom of the Moderns 502

With Regard to the Influence of Constant's Theory on Today's Political Democracy 503

Alexis de Tocqueville (1805-1859) 505 Excerpts 505 De la democratic en Amerique - Democracy in America (Vol. I: 1835) 505

Author's Introduction 505 First Part - The Institutional Forms of Political Society 505

Chapter - Origin of the Anglo-Americans, and Importance of this Origin in relation to their Future Condition 505

Chapter Conditions of the Anglo-Americans 506 Chapter IV The Principle of the Sovereignty of the

People of America 507

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Index

Chapter V - Necessity of Examining the Condition of the States Before that the Union at Large 507

Chapter VI - Judicial Power in the United States, and its 511 Influence on Political Society 511

Chapter VIII - The Federal Constitution Chapter X Parties in the United States Chapter the Press the United States 515 Chapter XII -Political Associations in the United States 516 Chapter XIII - Government of the Democracy in America .. 516 Chapter XIV - What Are the Real Advantages which

American Society derives from a Democratic Government? 518

Chapter XV - Unlimited Power of the Majority in the United States, and its Consequences 519

Chapter XVI - Causes which Mitigate the Tyranny of the Majority in the United States 521

Chapter XVII - Principal Causes which Tend to Maintain the Democratic Republic in the United States 522

Chapter XVIII - The Present and Probable Future Condition of the Three Races that Inhabit the Territory of the United States .. 524

De en (Vol. II: — Democracy and Society 528

Section I: Influence of Democracy on the Action of Intellect in The United States 528

Section 2: Influence of Democracy on the Feelings of Americans 531

Section 3: Influence of Democracy on Manners Properly so Called 535

Section 4: Influence of Democratic Ideas and Feelings on Political Society 537

L'Ancien Regime et la Revolution -The Old Regime and the Revolution 542

Preface 542 Book First 542 Book Second 542 Comments 556

With Regard to the Author, Alexis de Tocqueville 556 With Regard to his Central Ideas on Democracy 558 With Regard to the Influence of de Tocqueville's Theory on Today's Political Democracy 561

John Stuart (1806-1873) 563 Excerpts 563 On Liberty (1860) 563

Chapter I - Introductory 563

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Chapter the and Discussion 569 Chapter III - On Individuality, as One of the Elements of

Wellbeing 579 Chapter IV - Of the Limits to the Authority of Society

Over the Individual 585 Chapter V - Applications 587

Representative Government (1861) 594 Chapter 3 - That the ideally best Form of Government is

Representative Government 594 Chapter 7 - Of True and False Democracy; Representation

of All, and Representation the Majority only 598 Chapter 8 - Of the Extension of the Suffrage 600

The Subjection Women (1869) 604 Chapter 1 604 Chapter 3 612

Comments 619 With Regard to the Author, John Stuart Mill 619 With Regard to his Central Ideas on Democracy 621

Utilitarianism and Happiness 621 Liberty 623 Gender and Racial Equality 629 The Ideally Best Form of Government 632

The Influence of J.S. Mill's Theory on Today's Political Democracy 634 Rejection of Slavery and Gender and Racial Inequality in Law 634 Individualism 634 The Real End of Government 634 Representative Government 635

Maximilian (Max) Weber (1864-1920) -Politics a Vocation (1919) 637 Excerpts 637 Comments 658

With Regard to the Author, Max Weber 658 With Regard to Max Weber's Central Ideas on Democracy 660

The Democratic State 660 The Bureaucracy 663 The Politician 663

With Regard to Weber's Influence on Today's Political Democracy 668 Leadership and Democracy 668 The Importance of Political Parties and Bureaucracy 668

J.A. (1883-1950) - Capitalism, Socialism and Democracy (1942) 669 Excerpts 669

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Part III. Can Socialism Work? 669 Chapter XVIII. The Human Element 669 IV. Socialism and Democracy 669 Chapter XX. The Setting of the Problem 669 Chapter XXI - The Classical Doctrine of Democracy 671 Chapter Theory of Democracy 676 Chapter XXIII - The Interference 684

Comments 691 With Regard to the Author, Joseph A. Schumpeter With Regard to Schumpeter's Central Ideas on Democracy 692

Democracy 692 Political Parties and Politicians 695 Bureaucracy 695

With Regard to the Influence of Schumpeter's Theory on Today's Political Democracy 696

- The Road to Serfdom (1944) 699 Excerpts 699

Five - Planning and Democracy 699 Six - Planning and the Rule of Law 707 Fourteen- Material Conditions and Ideal Ends 716

Comments 722 With Regard to the Author, Friedrich Hayek 722 With Regard to Hayek's Central Ideas on Democracy 723

Prerequisites for Understanding Hayek: the Universal Rules of Just Conduct and Real Liberalism 723 Liberalism, Democracy the Rule of Law 723 Liberty, the Free Society and the Welfare State 724

With Regard to Hayek's Influence on Today's Political Democracy 726

Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly of the United Nations on December 729

Convention for the Protection of Human Rights and Fundamental Freedoms, signed by the members of the Council of Europe on November as amended by Protocols No. Hand 14 735

Section I - Rights and Freedoms 736 Section II - European Court of Human Rights 740 Section III - Miscellaneous provisions 747

- On Revolution (1963) 751 Excerpts 751

Chapter 1 -The Meaning of Revolution 751 Chapter 2 - The Social Question 753

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Chapter 3 - The Pursuit of Happiness 755 Chapter 4 - Foundation I: Libertatis 757 Chapter 5 - Foundation II: Novus Ordo Saeclorum 765 Chapter 6 - The Revolutionary Tradition and its Lost Treasure . 769

Comments 780 With Regard to the Author, Hannah Arendt 780 With Regard to Hannah Arendt's Central Ideas on Democracy .. 782 With Regard to Arendt's Influence on Today's Democracy 785

Isaiah Berlin -Two Concepts of Liberty (1958) 787 Excerpts 787

I. The Notion of Negative Freedom 788 II - The Notion of Positive Freedom 793 III - The Retreat to the Inner Citadel 794 V - The Temple of Sarastro 795 VI - The Search for Status 799 VII - Liberty and Sovereignty 802 VIII - The One and the Many 804

Comments 808 With Regard to the Author, Isaiah Berlin 808 With Regard to Berlin's Central Ideas on Democracy 808

The Power of Ideas 808 The View of What Constitutes Man 809 The State 810 Liberty and Pluralism 811

The Influence of Isaiah Berlin's Theory on Today's Political Democracy 812 There Is No One Single Whole Truth 812 The Necessity and the Limits of the Welfare State The Embedding of Liberty In the Social Group 813

Raymond Aron (1905-1983) 815 Excerpts 815 Democratic et — Democracy and Totalitarianism (1965) 815

Concepts and Variables 815 Constitutional-pluralistic Systems 822 The Imperfection of the Regimes 827

Comments 831 With Regard to the Author. Raymond Aron 831 With Regard to Aron's Central Ideas on Democracy: Excerpts from his Memoirs - 50 Years of Political Reflections (1983) 834 With Regard to Aron's Influence on Today's Political Democracy 838

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-A Theory of Justice (1971) 839 Excerpts 839

One. Theory 839 Chapter I. Justice As Fairness 839 Chapter II. The Principles of Justice 845 Chapter III. The Original Position 857 Two. Institutions 858 Chapter IV. Equal Liberty 858

Comments 869 With Regard to the Author, John Rawls 869 With Regard to Rawls' Central Ideas on Democracy 870

The Purpose of A Theory of Justice 870 Locke's Contract Theory Revised 870 Justice As Fairness 871 The Two Principles of Justice 873 The Constitution as a Part of the Basic Structure 877

With Regard to Rawls' Influence on Today's Political Democracy 879

Some Critics 879 The Influence 880

Maurice Duverger (°1917) - La monarchic republicaine (1974) - The Republican Monarchy 883 Excerpts 883

1 Monarchy 883 1.1. Old and New Republican Monarchies 883 1.2. Why a Republican Monarchy? 884

2 - A Limited Monarchy 885 2.1. An Elected Monarch 885 2.2. A Controlled Monarch 890

Three Western Monarchies 893 3.1. The Presidential Monarchy 893 3.2. The New Parliamentary Monarchy 895 3.3. The Semi-Presidential Monarchy 896

4 - The French Rules of the Game 897 4.1 -The and his Prime Minister 897 4.2 -The Parliament: Master or Slave 898

5 Proteus King 901 The Majority Monarch 901

5.2. The Monarch Without Majority 902 6 - The People and the King 904

6.1. Mediators 904 6.2. The King of France the King the 906

Comments 907 With Regard to the Author, Maurice Duverger 907 With Regard to Duverger's Central on Democracy 908

The Duverger Laws 908

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The Strategic Analysis of Institutions 909 The Constitutional Chain of Delegation and the "Semi-Presidential System" 910 "Republican Monarchy" or "Coexistence of the French?" 912

With Regard to Duverger's Influence on Today's Political Democracy 913

Robert Nozick (1938-2002) - Anarchy, State and Utopia (1974) ... 915 Excerpts 915

Preface 915 Part I - State-of-Nature Theory, or How to Back into a

State without Really Trying 915 Chapter 2 - The State of Nature 915 Chapter 3 — Moral Constraints and the State 917

Part - Beyond the Minimal State? 918 Chapter 7 — Distributive Justice 918 Chapter 9 - Demoktesis 933

Comments 937 With Regard to the Author, Robert Nozick 937 With Regard to Nozick's Central Ideas on Democracy 938

The Minimal State or the Night-Watchman State 938 The Entitlement Theory 939 Nozick's Critic on of Distributive Justice 941 The Distributive Task Becomes The Ground of Justification a State 943

With Regard to Nozick's Influence on Today's Political Democracy 943

F. Fukuyama, S. Huntington, A. Sen - Is Democracy a Universal Value? 945 Excerpts 945 Francis Fukuyama - The of History and the Last Man (1992) 945

Part I - An Old Question Asked Anew 945 Part II - The Old Age of Mankind 948 Part III. The Struggle for Recognition 953 Part IV - Leaping over Rhodes 955 Part V - The Last Man 961

Samuel P. Huntington (1927-2008) - The Clash of Civilizations and the Remaking of World Order 967

I. A World of Civilizations 967 II. The Shifting Balance of Civilizations 971 IV. Clashes of Civilization 972 V. The Future of Civilizations 975

Amartya Sen -Democracy as a Universal Value (1999) 976 The Indian Experience 977 Democracy and Economic Development 978

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The Functions of Democracy 981 Universality of Values 982 The Argument from Cultural Differences 983 Where the Debate Belongs 985

Comments 986 With Regard to the Authors, Francis Fukuyama, Samuel P. Huntington and Amartya Sen 986 With Regard to their Central Ideas on Democracy 988

The Key Question 988 The Terms 988 The Links 988 The Underlying Factors 989 Is Democracy a Universal Value? 994

With Regard to Fukuyama's, Huntington's and Sen's Influence on Today's Political Democracy 995

Charter of Fundamental Rights of the European Union, done at Nice on December 7, 2000, replaced by the Proclamation of December 12, 2007 which entered into force on December 997

Post-script: Europe, political democracy and the flux of time, by Herman Van Rompuy, President of the European Council 1007

Introduction 1007 The Rule by Turn and Democracy's Adaptability to Change 1008 Democracies, Peace and Europe 1010 Democratic Principles in the European Union 1012 Concluding Remarks: the Future of Democracy 1013

Bibliography 1015 Excerpts 1015 Comments 1018

List of Abbreviations 1027

Index 1029

Contents 1055

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