Page 100 - kpi17968

89

This is second point of where we are going, we are going
from constitutional state to participatory democracy, multi-level
democracy. In this final level, Etat de droit and democracy are far
from being contradictory; two complementary concepts equally
increase human right. Here is to avoid any arbitrary power from
the State. So, the system needs to set up a monitor and control
mechanism of the State. This change is not formal but
substantive, Etat de droit is not only an act within the law passed
by the parliament and the constitution but also enact sufficient
rules, on one hand to guarantee the citizen rights and on the other
hand to ensure on effective official accountability.

On one hand, democracy, we see the democracy and the
guarantee of citizen right are closely linked. In France, article 16
of the declaration of human right stressing that the concept of
constitution implying the separation of powers is always
associated with a guarantee of citizen rights. It is the separation of
powers which guarantees of citizen rights. Firstly, the guarantee
involves the state to respect role in democracy, for example, legal
certainty, clarity of standard, legitimate expedition and the
principle of non-reactivity of law. Here, rule of law and
Rechtsstaat are gathering together. It is useless to proclaim right
to independent cult if it is difficult to ensure that justice is done or
if the decision is not made public because it is the judgement by
emergence cult or if finally, simply said, the law is known or
understood by each citizen.

Second, this guarantee requires efforts by all public
authorities to adapt continuously the freedom of human right as it
goes down of whatever being rules of internal and also
international standard. This linked with international law showing
such a notion of Etat de droit in France changed. This notion
goes beyond framework or procedural remedy. This notion needs
to include compliance with the concrete right from international
commitment to which stated as freely chosen to consent. Citizens
can, therefore, involve in international commitment in all the
contents. Why do I speak about external or international standard?

การอภิปรายรวมระหวางผูแทนจากตางประเทศ