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  • 14 - Legislatures and Effective Government: Raising Expectations for Representatives

  • from Part VI - Legislatures, Representation, and Duties of Effective Self-Government
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book:
    Constitutionalism and a Right to Effective Government?
    Published online:
    20 October 2022
    Print publication:
    27 October 2022, pp 181-192

  • Summary

    Effective governance is necessary in a successful constitutional democracy. This is not to deny that a central animating force in a democracy must be respect for the human individual. But a government that is not effective and seen as such is not likely to be able to protect individual rights. It is thus a mistake to conceptualize individual rights simply as in conflict with the collective goals of a democratic government: those goals are effective governance and rights preservation, and – in a democracy – these two are connected.

    The framers of the US Constitution well understood that a constitutional state must act for public-regarding purposes – to “establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty.” To the extent that it fails to move in these directions, government will lose the confidence of the people. Effective government in constitutional democracies requires effective legislatures to promote all of these purposes.