FORMY DEMOKRACJI NIEDYSKRYMINACYJNEJ W FILOZOFII POLITYCZNEJ FRIEDRICHA VON HAYEKA I JAMESA BUCHANANA
Non-Discriminatory Forms of Democracy in the Political Philosophy of Friedrich von Hayek and James Buchanan

Summary/Abstract: Within the libertarian political philosophy, Friedrich von Hayek’s theory of spontaneous order and James Buchanan’s constitutional political economy represent – respectively – evolutionary and constructivist models of non-discriminatory democracy. A moral order postulated by Buchanan is a consciously built legal-institutional system which functions in a mode typical of free market copuled with norms laid down in a constitutional covenant. Hayek, in turn, believes sources of social creativity to reside not in rationalist arrangements but rather in spontaneous evolutionary forces and moral values which shape rules of just conduct in his Great Society. Although Hayek’s conception of the rule of law and Buchanan’s consitution explain the nature of social institutions in two different manners, they are correlated in terms of general principles to foster liberal society. Both of them favour a limiting approach to democratic institutions in order to protect rights and liberties of the individual and to ensure a nondiscriminatory distribution of public goods.

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