CIAO DATE: 04/05

Civil Society, Democracy and the Law

Abstract

This paper first discusses the meaning of civil society and, in particular, its strengths and limitations. The second section considers what civil society can add to the representative democratic process. In the remaining sections, I discuss how civil society interacts with the law in a democratic state. There are two distinct aspects to this. Firstly, there are the legal and constitutional pre-conditions that allow civil society to flourish. These include issues about group autonomy, freedom of the press and of protest, including the place of civil disobedience. Secondly, there are the specific ways in which civil society can use the legal process to further its ends.

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