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The Rule of Law for Democracy 337

The Rule of Law for Democracy

H.E.PARK Han-Chul*

<Lecture>
The topic of my talk today is “The Rule of Law for Democracy.”
The rule of law and democracy are the key components of the
modern constitutionalism. Democracy without the rule of law, and
the rule of law without democracy may be blind or void. Thus,

democracy and the rule of law are truly meaningful only when
they coexist.
Especially, the concept of the rule of law today does not
simply mean judicial control over the administration. The concept
has now expanded to embrace the constitutional regulation over
the state power in general, including the legislature.
As you all know, my current work is dedicated to the
furtherance of constitutional justice. In that aspect, my talk today
on the topic of the rule of law will be given in a particular context
of constitutional regulation over the state power.
I would like to mention two primary reasons why the rule of
law is an essential and paramount element of democracy.
First, the rule of law protects the democratic system.
The rule of law protects democracy from anti-democratic forces
determined to hinder the democratic order, and facilitates
democracy to operate smoothly by guaranteeing the political rights
that are crucial for achieving democracy.
Second, the rule of law protects universal and fundamental

human rights. Democracy is a form of decision-making grounded

* President, Constitutional Court of Korea, ค�ำบรรยำยพิเศษในพิธีปิดหลักสูตร “หลักนิติธรรม
เพื่อประชำธิปไตย” (นธป.) รุ่นที่ 4

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