Eleanor Finch
The constitution is the foundation of a nation, outlining the rights and responsibilities of its citizens and their government. Citizens have the right to participate in governing their nation, and the constitution defines the limits of government power. Direct citizen involvement in drafting constitutions may be desirable, but cooperation among elected representatives is necessary to improve the liberal dimension of democracy. The US Constitution, for example, does not restrict citizens but limits the government from infringing on citizens' rights.
| Characteristics | Values |
|---|---|
| Citizen participation | Essential principle of democratic constitution-making |
| Citizen involvement in constitution-making | Politically convenient when constitutional change is a response to popular demands |
| Citizen participation in democratic constitution-making | Not worthless |
| Citizen participation in constitution-making | Requires cooperation with political elites |
| Citizen participation in Bolivia's constitution-making | Led to the founding of the Independent Electoral and Boundaries Commission |
| Citizen participation in Bolivia's constitution-making | Led to institutional constraints on the executive |
| Citizen participation in Bolivia's constitution-making | Led to increased judicial controls over the administration |
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What You'll Learn
Citizen participation in democratic constitution-making
The concept of citizen participation in democratic constitution-making is a multifaceted and complex issue that lies at the heart of any democratic system. It involves the active engagement of citizens in the process of drafting and amending the fundamental laws that govern their society. This participation can take many forms, from direct involvement in constitutional conventions to indirect influence through elected representatives and special interest groups.
One school of thought, exemplified by de Tocqueville, maintains that increased citizen participation strengthens democracy. According to this view, the more citizens are involved in the political process, the more democratic a nation becomes. This perspective holds that citizen participation is essential for holding elected officials accountable, ensuring that laws and policies reflect the will of the people, and fostering social cohesion and trust.
However, this view has been challenged by sceptics who argue that not all citizens possess the skills or resources necessary to make informed political decisions. They contend that the better-off and more educated citizens tend to be more politically active, resulting in a participation gap that skews policies in their favour. This critique highlights the importance of addressing inequalities and promoting political education to empower all citizens to participate effectively.
In response to these concerns, some scholars advocate for a bottom-up, citizen-driven real democracy. This model, inspired by the ancient Greeks, seeks to create governance bodies that are descriptive of the demographics and socio-economic makeup of the general population. It emphasizes the need for inclusive participation and the education of citizens to bridge the participation gap.
Additionally, citizen participation in democratic constitution-making can be facilitated through various mechanisms such as direct initiatives, popular referendums, and legislative referendums. Direct initiatives empower citizens to propose laws and amendments directly to the ballot for voter approval. Popular referendums allow citizens to approve or repeal measures already acted on by legislative bodies, while legislative referendums seek voter approval for changes to a state's constitution. These tools enhance citizen involvement in shaping the laws that govern them.
In conclusion, citizen participation in democratic constitution-making is a complex and evolving process. While increased participation is generally seen as beneficial for democracy, addressing inequalities and empowering underrepresented groups remain crucial challenges. By promoting political education, fostering inclusive participation, and providing constitutional avenues for direct citizen involvement, democracies can strive towards a more equitable and responsive system of governance.
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The constitution-making process in Bolivia
Bolivia has had a long and tumultuous constitutional history since its foundation in 1825. The country's first constitution was written in 1825, establishing a centralized government with executive, legislative, and judicial branches. However, this constitution was never adopted. Instead, the Bolivarian Constitution, written by Simón Bolívar Palacio, was enacted in 1826. This document instituted a strong separation of powers, including a lifetime presidency, an independent judiciary, a tricameral congress, and an electoral body. Voting rights were limited to those literate in Spanish who met certain property qualifications or engaged in specific professions.
Under the presidency of General Andrés de Santa Cruz y Calahumana, a new constitution was adopted in 1831, introducing bicameralism and proportional representation. This constitution abolished the lifetime presidency and limited the president to renewable four-year terms. However, it also granted the president the power to dissolve congress, leading to a passive and submissive legislature. From 1839 to 1880, six constitutions were approved, with most of them further concentrating power in the executive branch.
The quasi-military leaders known as caudillos dominated Bolivian political life during this period, using constitutions and the national government to serve their interests. The War of the Pacific (1879-1880) marked the end of caudillo politics and the emergence of a new mining elite oriented towards laissez-faire capitalism. Bolivia's current constitution, promulgated by President Evo Morales, came into effect on February 7, 2009, after being approved by 61.43% of voters in a referendum. It defines Bolivia as a unitary plurinational and secular state, with a mixed economy and recognition of local and departmental autonomies.
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The US constitution and political participation
The US Constitution has a complex relationship with political participation. On the one hand, it provides the framework for democratic processes and outlines the rights and responsibilities of citizens, fostering an environment where participation can take place. For instance, the Tenth Amendment limits the powers of the federal government, reserving certain powers for the states and the people, which can be seen as enabling greater citizen participation in decision-making.
However, the Constitution has also been criticised for limiting direct citizen involvement in certain areas. The process of constitutional change, for example, is often driven by political elites, with citizen participation sometimes seen as a secondary consideration. This is despite the widely held belief that citizen participation is an essential principle of democratic constitution-making. The US Constitution originally afforded states the right to determine voting regulations and requirements, which could be seen as a limitation on citizen participation, as it gives states the power to impose restrictions on voting.
The Constitution also outlines the role of the Supreme Court, which has played a significant role in shaping citizens' rights and political participation. Through processes such as selective incorporation and the rational basis test, the Court has expanded the Bill of Rights to protect citizens against state and federal actions, fostering greater participation. However, the Court has also been criticised for rulings that expand the rights of corporations and labour unions to make political contributions, which may disproportionately influence political decision-making in favour of the well-off.
Additionally, the US Constitution has provisions that promote national unity and protect citizens against discrimination. Article IV's "comity" provision, for example, was designed to promote national unity and prevent discrimination by state governments against citizens of other states. This aspect of the Constitution fosters an environment conducive to political participation by ensuring equal treatment and rights across state lines.
In conclusion, the US Constitution has a multifaceted impact on political participation. While it provides the foundation for democratic processes and protects certain rights, it also has limitations on direct citizen involvement in some areas of decision-making. The interpretation and application of the Constitution by political representatives and the judiciary play a significant role in shaping the level of citizen participation in the US political system.
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The role of public opinion
Public opinion is an influential force in politics, and it plays a significant role in shaping government policies and decisions. It is an aggregate of the individual views, attitudes, and beliefs about a particular topic or issue expressed by a significant proportion of a community or society. The democratic process encourages citizens to form opinions and participate in elections, consider constitutional amendments, and approve or reject legislative proposals.
The influence of public opinion in politics is evident in various ways. Firstly, it serves as a check on the authority of rulers and leaders. Thinkers like Jeremy Bentham believed that public opinion helps hold leaders accountable and ensures their mandates align with the collective will of the people. Secondly, public opinion can shape government policies. Political leaders often try to accommodate public opinion in their decision-making, although this is not always perceived as legitimate and may be characterized as pandering to gain favour. However, scholars like Lawrence R. Jacobs and Robert Y. Shapiro argue that politicians do not pander to public opinion but instead, the accusation of pandering may be used by journalists, politicians, and elites to reduce the influence of public opinion on government policy.
Public opinion is also influenced by various factors, including the media, interest groups, government agencies, and officials. These outside agencies can stimulate or reinforce specific political attitudes and shape the public discourse on particular issues. For example, the media plays a crucial role in covering elections and influencing public opinion by focusing on horse-race politics rather than policy issues. Additionally, public opinion can be measured and analysed statistically and demographically, allowing leaders and researchers to understand the collective views of specific populations or demographic groups.
In the United States, the relationship between the public and the federal government is complex and often paradoxical. Americans generally have a negative view of their government, recognizing its flaws and overreach while also acknowledging its positive functions and the vital role it plays in providing necessary services. This duality presents a challenge for leaders and elected officials, who must navigate between heavily criticizing the government and unquestioningly expanding its role. Understanding and reflecting this nuanced public opinion is essential for leaders aiming to represent the interests and perspectives of their constituents accurately.
Furthermore, public opinion can influence political participation and voting behaviour. In the United States, young adults tend to be less likely to vote than older Americans, and politicians may focus more on issues that affect older voters. Additionally, public opinion can be influenced by common values, family, peers, and opinion leaders. Political participation can take various forms, including unconventional methods that defy authority, such as contributing resources to a candidate or engaging in strategic voting based on prospective candidates' expected actions if elected.
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The influence of political representatives
Political representatives play a crucial role in fostering or limiting citizen participation. On the one hand, they can facilitate and encourage citizen engagement, while on the other, they may hinder or control it.
Firstly, political representatives have the power to initiate and promote various forms of citizen participation. For instance, they can propose and support legislation that enables citizens to directly place proposals for laws and amendments on ballots, known as direct initiatives. Additionally, representatives can encourage citizens to get involved by creating and participating in open consultations during the early phases of policy development. This type of citizen participation has expanded significantly, with governments providing opportunities for input at local, subnational, national, and even transnational levels. However, it is important to note that these consultations may not always lead to direct citizen influence on policy outcomes.
Political representatives also play a role in aggregating different issues into coherent ideological packages, which citizens then accept or reject as a whole. This is a key weakness of political parties, as citizens cannot pass judgment on individual components of their programs. To address this, political theorists have suggested using sortition-based participation within parties, allowing citizens to deliberate across party lines on specific issues.
On the other hand, political representatives may also limit citizen participation. This is evident in regimes that hoard power and restrict civil society, including authoritarian, semi-authoritarian, and formally democratic states with illiberal governments. These regimes often close off spaces for independent civic initiatives, limiting the influence of citizens on policy decisions. Additionally, there is a perception that standard channels of decision-making and political debate tend to undermine the impact of sortition initiatives, indicating that political representatives may not always be receptive to citizen input.
Furthermore, it is important to consider the influence of elite political representatives on citizen participation. In democratic societies, there is an expectation that elites are committed to deepening democratic participation. However, this is not always the case, as indices show that the overarching political trend often runs in the opposite direction. Instead of empowering citizens, regimes may focus on consolidating their power, limiting the space for independent civic initiatives and other forms of democratic representation.
Lastly, the influence of political representatives on citizen participation is also shaped by the level of political trust. Trust is a critical indicator of government performance, and a lack of trust signals discontent with democracy. Studies have found that citizens' trust in politicians is influenced by their political interest, gender, age, social status, and household income. Therefore, political representatives who are perceived as working for citizens' best interests are more likely to encourage participation, while those who are distrusted may face lower levels of engagement.
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Frequently asked questions
The Tenth Amendment limits the powers of the federal government by reserving certain powers to the states and to the people.
Citizen participation is considered an essential principle of democratic constitution-making, especially when constitutional change is a response to popular demands.
The "comity" provision of Article IV of the Constitution was designed to promote national unity by prohibiting state governments from discriminating against citizens of other states in favor of their own citizens.
Voting, volunteering for political campaigns, writing letters, and contacting public officials are all examples of political participation.
The Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions through a process called "selective incorporation".
