Isabella Carter
Democracy is a form of government that is based on the principle of rule by consent of the governed. While there is no universal agreement on the traits that characterise a constitutional democracy, there are several principles that are commonly accepted as being essential for a democracy to thrive. These include public participation, equality, tolerance, the rule of law, and protection of human rights. The constitution plays a key role in upholding these democratic principles, ensuring free and fair elections, and providing for the peaceful transfer of power.
| Characteristics | Values |
|---|---|
| Public participation | People have a right and a duty to participate in government and civil society through elections, voting, protests, and petitions. |
| Equality | All people should be treated equally and without discrimination, and be given equal opportunities. |
| Tolerance | The rights of opposition or minority groups are protected. |
| Rule of law | The laws rule above all else, and no one is above the law. |
| Checks and balances | Different agencies or branches of the government have adequate power to check the powers of other branches. |
| Due process of law | Individual rights to life, liberty, and property are protected by the guarantee of due process of law. |
| Leadership succession through elections | Elections ensure that key government positions are contested at periodic intervals and that the transfer of authority is peaceful and orderly. |
| Civility | Treating others with respect, regardless of their positions on political issues. |
| Individual responsibility | Citizens understand the importance of fulfilling their personal responsibilities, such as taking care of oneself and supporting one's community. |
| Procedural justice | All government agencies use fair procedures when gathering information and making decisions, protecting the rights of individuals and interests of society. |
| Freedom of expression | People should be allowed to express their opinions and join political, religious, or civil groups. |
| Freedom of assembly | People have the freedom to assemble and associate peacefully. |
| Freedom of media | Access to critical media outlets is essential for accountability in a democracy. |
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What You'll Learn
Public participation
Voting is a cornerstone of public participation. It is the primary means by which citizens can select their representatives and decide how their country is governed. Free and fair elections ensure that power is not concentrated in the hands of a few but is distributed across a variety of political parties, preventing dictatorship. When citizens cast their votes, they are consenting to be governed by the elected officials, and this consent is given freely rather than being compelled.
However, democracy requires more than just voting. Citizens should also be informed about the issues and engage in public debate. This includes attending community meetings, joining political organisations, and expressing their opinions. By participating in these ways, citizens can influence policy and hold their representatives accountable between elections. Public participation also extends to civil society activism, where individuals can advocate for social and professional causes that are important to them. This activism helps to keep governments in check and ensures that minority voices are heard.
To facilitate meaningful public participation, states must ensure that all citizens have equal opportunities to engage. This involves removing barriers that may prevent certain segments of society from participating. For example, financial or administrative hurdles may make it difficult for some individuals to vote or access relevant services. States should also promote transparency and accountability in political financing to prevent undue influence by private or illicit interests.
Furthermore, public participation is closely tied to the concept of majority rule and minority rights. While the majority group typically holds governmental power in a democracy, the rights of opposition and minority groups must also be protected. This includes ensuring that all citizens, regardless of their political beliefs, have freedom of expression and assembly. By upholding these rights, governments can maintain a balance between serving the interests of the majority and protecting the rights of all individuals.
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Equality and tolerance
Equality in a democratic context means that all people should be treated equally and without discrimination, and be given equal opportunities. This entails that the government serves all the people equally, and that everyone should be allowed to express their opinions and join the political, religious, or civil groups of their choice. Equality also means that laws apply equally to all people, and everyone must play by the rules. The rights and freedoms outlined in a bill of rights must be respected and nurtured, and enforced fairly and consistently.
Tolerance, in a democratic context, refers to the protection of the rights of opposition or minority groups. This is a crucial aspect of democracy, as it ensures that while the party representing the majority of people runs the government, the rights of those who are not part of the majority are also respected. Tolerance also means allowing more than a single political party to participate in elections, and when opposition parties win, there is a peaceful transfer of power.
In a democratic system, the rule of law governs the functioning of the government, and no one is above it. This includes the parliament and the president of a country. The judiciary acts as a referee and enforces the rule of law, judging any action by the government, citizens, organisations, or companies. The judiciary also has the power of judicial review, which allows them to declare actions of other branches of government null and void if they are contrary to the constitution.
To ensure equality and tolerance, democratic states should maintain an enabling environment for civil society activism. This includes guaranteeing respect for freedoms of association, peaceful assembly, and expression, and ensuring that law and policy do not impede the work of civil society organisations. States should also promote the right of civil society representatives to participate in public policymaking by providing opportunities for input on proposed laws and expressing views critical of existing laws and policies.
Additionally, democratic states should ensure that their judicial systems are structurally protected from undue political influence and other threats to impartiality. This includes eliminating legal, administrative, financial, and practical barriers that may prevent some segments of society from accessing justice services, obtaining due process rights, or securing a fair resolution of their cases. States should also empower people and communities to understand, use, and shape the law, increasing meaningful participation in judicial processes.
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Rule of law
The rule of law is a fundamental principle of democracy, and it means that laws are the highest authority, above even the government. No one is above the law, and everyone, from the president or prime minister to ordinary citizens, must obey and be accountable to the law. This principle ensures that laws are applied equally and enforced fairly and consistently. It also guarantees that people's rights and freedoms are respected and protected.
The rule of law is often associated with the idea of a "government of laws, not of men," which means that a person's rights and freedoms should be determined by laws and not left to the whims of individual rulers or officials. This concept was first introduced in the Magna Carta, which established the idea of due process and fair treatment under the law. The US Constitution further developed this idea by dividing power among the legislative, executive, and judicial branches, creating a system of checks and balances to prevent any one person or group from having too much power and ensuring that the government is bound by the law.
An independent judiciary is crucial to upholding the rule of law. Judges interpret and enforce the law, ensuring that the government's actions are lawful and that citizens' rights are protected. They also provide a forum for resolving disputes and hearing the grievances of minority groups, ensuring that everyone has equal access to justice. Judicial independence helps maintain the integrity of the legal system and prevents undue political influence.
The rule of law also promotes transparency and accountability in governance. It empowers citizens to hold their governments accountable and ensures that public officials are responsible for their actions. This principle is particularly important in maintaining the integrity of electoral processes and preventing corruption.
Finally, the rule of law is closely linked to the protection and promotion of human rights. Many countries have enshrined fundamental rights and freedoms in their constitutions, creating a bill of rights that guarantees these rights to all citizens. These rights include freedom of speech, assembly, association, religion, and equality before the law. By upholding the rule of law, democracies reinforce their commitment to protecting human rights and ensuring that all citizens are treated fairly and justly.
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Checks and balances
Checks allow political institutions to limit one another's power, for example by blocking, delaying, or criticising decisions. This limits the power of the majority and ensures that the perspectives of those in the minority are represented. In the United States, for instance, Congress can reverse decisions of the Supreme Court, and the Supreme Court justices are appointed by the president but only with the consent of the Senate.
Balances ensure that a wide variety of views and interests are represented in the democratic process. This includes structures like federalism and broader features of democratic functioning such as the existence of multiple political parties. In a democracy, the rights of opposition or minority groups are protected, and everyone should be allowed to express their opinions and join political, religious, or civil groups of their choice.
However, there can be drawbacks to checks and balances when they are particularly strong. They can increase the risk of gridlock by making unilateral action more difficult and allowing a greater range of actors to participate in governing. In countries suffering democratic backsliding, leaders may weaken the checks on their power, citing the need for decisive government.
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Procedural justice
In the United States, procedural justice is reflected in the Due Process clauses of the Constitution. Similarly, other common law countries refer to this concept as natural justice, which binds both public and private entities. Procedural fairness, fundamental justice, and natural justice are all integral aspects of ensuring that justice is served and perceived as fair by all parties involved.
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