1.- Rosenfeld affirms that in the context of constitutional democracy, the rule of law appears to rest on the paradox of being on the side of the government and of the citizen at the same time. Explain this paradox with your own words.
2.- What does it mean that a society is pluralistic-in-fact?
3.- Explain the two ways of coercion a constitutional democracy imposes, and how can the rule of law itself be coercive
4.- Consent to both, constitutional democracy and the rule of law would not eliminate coercion but would legitimate it. What type of consent is necessary and sufficient to produce such legitimation?
5.- Rosenfeld proposes to accept as legitimate a certain rule of law regime if some conditions are met. Those conditions modify Habermas' proposal. Explain both, Habermas' and Rosenfeld. Which seems more correct for you?
6.- What is the test of rightfulness of law that Kant proposed? What are the two elements?
7.- Establish the meaning of the rule of law (legitimacy, content) of the 3 stages that the Rechtsstaat has come throughName:
1.- Constitutionalism has 3 main characters:
* Rule of law (publicly promulgated laws), separation of powers and subjection of all to the law
* Rule of law, limiting powers of the state and protection of fundamental rights
* Rule of law, subjection of all to the law and protection of fundamental rights
2.- The rule of law lies on a paradox:
* Because the enforcement of laws work in favour of the state but fundamental rights work opposite to the state
* Because the enforcement of law produces coercion over consenting citizens
* Both answers are correct
3.- A pluralistic-in-fact society
* Is divided along ethnic, religious, linguistic, cultural... groups with different conceptions of the good
* Allows each citizen to choose to what group s/he belongs and then pursue the collective idea of good
* Is plural either at a group level or an individual level in the sense that people do not share the same set of values or conceptions of the good
4.- Constitutional democracies are coercive because:
a.- All political systems are coercive
b.- Majorities rule over minorities who can oppose their rights
c.- A minority of people rules over the majority of the citizenry
5.- Consent to the rule of law regime
a.- Is implausible and unnecessary
b. is fallacious and unnecessary
c.- is coercive and unnecessary
6.- Habermas claims that we should accept as legitimate only those laws:
a.- to which all would follow as law-abiding citizens
b.- to which all would agree to consent
c.- to which all would consent to enact and obey