Woolf, Nelson, and Shine
2005 SWPSA Annual Conference
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INTRODUCTION
n recent years, much has been written on the subject of democratic theory from both
normative and empirical perspectives. The latter focus has taught us that while
democracies meet certain criteria to be considered democratic, the work of such
individuals such as Dahl and Lijphart have shown that democracies are not all the same
institutionally. This is important, but the emphasis on institutions has led us away from
comparing other dimensions of democracy. One of these dimensions is equality before
the law. This leads us to a thought-provoking question: Does democracy guarantee
equality?
This paper will address the question of whether or not equality is an intrinsic
feature of democracy. Historically, nations desiring more freedom have expressed the
need for equality under the law. These desires and struggles appear to correspond with
democratic-leaning nations.
But are democracies really free—or, is equality under
democratic laws synonymous with liberty? And is equality under the law even an aim of
those countries that profess to be democratic?
These are important questions today,
particularly in light of the recent developments toward democracy in the Middle East.
Friedrich Hayek wrote, “The great aim in the struggle for liberty has always been
equality under the law”
ii
, and in this paper we shall endeavor to determine if his statement
is true. For purposes of this paper, we shall define legal equality under those explicit
provisions and laws that provide for equal representation and participation in
government, education, employment, and all normal functions of living. Because of the
broad nature of the topic and the numerous demographics and situations that may or may
ii
Friedrich Hayek, The Constitution of Liberty, University of Chicago Press, 1960.
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Convention