Democracy and the Rule of Law: Legality vs. Legitimacy?

Monday, October 10, 2011, 14.30–16.00, Žofín Palace, Forum Hall

 

Opening Remarks:

Mikheil Saakashvili, President, Georgia

Pavel Rychetský, President, Constitutional Court, Czech Republic

Moderator:

Jan Urban, Journalist, Czech Republic

Panel Discussion:

Olusegun Obasanjo, Former President, Nigeria

José María Argueta, Former National Security Advisor, Guatemala

 

 

The moderator, Jan Urban, introduced the panel by stressing that legality and legitimacy has reached the level of becoming an issue of international law, making it an important issue today. Mikheil Saakashvili gave his opening remarks to the panel in which he illustrated the successful transformation Georgia has undertaken ever since the Rose Revolution. Mr. Saakashvili further noted the real revolution that occurred was the reform process that took place after the Rose Revolution, not the Rose Revolution itself. In connection to the current Arab Spring, he stated that “the success of the Arab Revolution will happen once the TV lights turn off.”

 

Justice Pavel Rychetský opened his speech by summing up the legal theory behind democracy and the rule of law. He showed the dichotomy thereof and how, despite their seeming supplementing, they philosophically oppose each due to different ultimate arbiter on the issue of legitimacy. Mr. Rychetský also stated the Supreme Court has to consider “not only legality, but also legitimacy of a decision.” He substantiated this by showing the example of the Czech Supreme Court pertaining to the dissolution of the Czech parliament. In the discussion Mr. Rychetský focused on the difference between formal and actual legitimacy and the dangers that might stem from this legal dilemma.

 

Olusegun Obasanjo underscored the importance of a strong and effective state and how the confluence of legality, legitimacy, and good governance is crucial to the development of any society and to democracy itself. Mr. Obasanjo ended by saying that we all have to be vigilant for breaches of democracy by illegitimate means. He also talked about the abuse of legality “particularly in cases of Apartheid in South Africa.” In the discussion, Mr. Obasanjo talked about the differences in the perception in justice and how it means different things to different people and is, therefore, almost unachievable.

 

José María Argueta illustrated Guatemala’s poor democratic system and reinforced the necessity of legality and legitimacy to function within a democratic system. “Only cheap things can be bought with money. If that is the case, the laws in Guatemala mean nothing as they are bought and sold every single day.”