Donald Bello Hutt: Rule of Law and Political Representation

On 11 February 2021 at 17:00 (UK time), Donald Bello Hutt will present his paper 'Rule of Law and Political Representation'.

Abstract

We lack systematic analyses of the relations between the rule of law and political representation. Taking my cue from Raz’s recent revision of his conception of the rule of law, I fill that lacuna relying on the distinction between preferences and interests, which pervades discussions of political representation. I argue that preference-attentive conceptions of political representation comply better with the doctrine of the rule of law than those centred on interests. The former meets central principles of the rule of law, such as that the doctrine ought to be part of the public culture of the polity it governs, the doctrine’s demand of public accountability, among others. This buttresses the possibility for individuals to plan their lives autonomously. Moreover, preference-attentive conceptions account better for the volitional elements imbuing legal systems, especially at the constitutional level. I finish dispelling a threefold objection against the plausibility of relying on preferences as objects that representatives should consider when deciding.

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