"Law, Legislation and Liberty opened with the avowal that his political ideals had not attracted the support they merited, and that he had failed to bring home that 'the predominant model of liberal democratic institutions' in the Western world, 'necessarily leads to a gradual transformation of the spontaneous order of a free society into a totalitarian system'. To avert this fatal propensity, which Hayek remarked that Schmitt had in his time understood — but also encouraged — more than any other observer, three truths urgently needed to be understood. The first was the fundamental difference between a spontaneous order and a purposive organization, or what Hayek now termed a cosmos and a taxis […]. The rule of law could be preserved only so long as the structure of government reflected a principled separation of the two, according an absolute priority to the maintenance of the first, as the condition of a market economy in a free society, and confining the second to strictly delimited, subordinate functions in the public interest. All current democracies confused these requirements, […] with the intrusion of macro-economic steering and the erection of a welfare state, in the name of an imaginary 'social justice' - a notion without meaning. For the spontaneous order of the market not only precludes equality, it necessarily ignores desert: success within it is undeniably often a mere matter of chance. But his theory still faced an awkward difficulty in the apparent institutional outcome of the spontaneous social mechanisms it celebrated. For was not the steady erosion of the division between taxis and cosmos, with the seemingly inexorable growth of the welfare state, itself pre-eminently an evolutionary process? To roll it back required — according to Hayek's new prescriptions — drastic redesigning of the structure of the state. Indeed, what he now proposed was nothing less than a dismantling of every known legislature into two novel bodies with different competences and disparate electorates, to correspond to the two ontological kinds of order — the more powerful chamber, guardian of the rule of law as such, striking anyone under the age of forty-five off the voting-roll. This, as even sympathizers could not fail to notice, was a violent attack of the very constructivism his theory had set out to purge. Hayek was unmoved. Such was the price of preserving nomos, or the law of liberty, from the logic of popular sovereignty. Assemblies had to be stripped of their powers of general meddling, in order to secure the limited government — based on the rigour of law, not the licence of consent — which was the only guarantee of freedom. The correct formula, Hayek explained, was demarchy without democracy."