Malcolm Rivera
Democracy is a system of government with freely elected representative institutions and constitutional limits. The four constitutional principles that prevent excessive democracy are: separation of powers, federalism, checks and balances, and protection of minority rights. Separation of powers ensures that the legislative, executive, and judiciary powers are divided among different branches of government, preventing the concentration of power in one branch. Federalism involves sharing political authority between state and federal governments. Checks and balances provide a system of accountability, allowing each branch of government to resist the incursions of others. Finally, the protection of minority rights ensures that fundamental rights are guaranteed to all individuals, even if they are part of a minority group. These principles work together to prevent the abuse of power and protect the freedoms and rights of citizens in a democratic society.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The people are the ultimate source of the government's authority, which derives its right to govern from their consent |
| Majority rule and minority rights | "The majority rules", but the fundamental rights of individuals in the minority are protected |
| Limited government | The powers of the government are limited by law and a written or unwritten constitution which those in power obey |
| Institutional checks and balances | Power should be distributed between different institutions (including the executive, legislature and judiciary), so that no one body can act with unchecked power |
| Representative government | Citizens get to choose their representatives and have a free voice to express their opinions and desires |
| Rule of law | Universally applicable laws made via due process and meeting certain standards of fairness, legal certainty, equal treatment before the law and judicial independence |
| Protection of fundamental rights | Respect for fundamental rights like freedom of speech, assembly, expression and various individual liberties |
| Integrity and standards in public life | Confidence in the democratic system is undermined if the public perceive politicians as dishonest or untrustworthy |
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What You'll Learn
Separation of powers
The concept of the separation of powers can be traced back to the English Civil War, when parliamentarians viewed the English system of government as composed of three branches: the King, the House of Lords, and the House of Commons. The first was believed to hold executive powers, while the latter two held legislative powers. One of the first documents proposing a tripartite system of separation of powers was the Instrument of Government, written by English general John Lambert in 1653. It was soon adopted as the constitution of England for a few years during The Protectorate. The system included a legislative branch (the Parliament) and two executive branches, the English Council of State and the Lord Protector, all of whom were elected and had checks upon each other.
The term "tripartite system" is commonly associated with French Enlightenment political philosopher Montesquieu, who, in "The Spirit of Law" (1748), described the various forms of distribution of political power among a legislature, an executive, and a judiciary. Montesquieu's approach defended a form of government where powers were not excessively centralized in a single monarch or similar ruler, which was known as "aristocracy" at the time. He based this model on the Constitution of the Roman Republic and the British constitutional system.
The separation of powers fosters government efficiency, prevents dictatorship, enhances accountability, and safeguards the rule of law. It promotes a system of checks and balances, where each branch can limit the actions of the others, preventing any single branch from becoming too powerful or abusing its authority. This system of checks and balances further reinforces the importance of separation of powers, as each branch is granted certain powers to check the actions of the others. For example, the legislative branch can pass laws, but the executive branch can veto them, and the judicial branch can declare laws unconstitutional.
The separation of powers is vital for maintaining a fair and just society, where power is distributed and balanced, and individual rights are protected. It acts as a safeguard against potential abuse of authority, ensuring that no single entity holds excessive power.
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Checks and balances
The legislative branch, represented by Congress or a similar body, holds primary responsibility for drafting and enacting laws. It wields significant power, including the authority to levy taxes, approve budgets, and declare war. However, its powers are deliberately checked by the other branches to prevent legislative overreach. The executive branch, led by the president or a similar figure, implements policies and has responsibility for the day-to-day enforcement of laws. While the executive can exercise oversight over the legislative branch, its actions are also subject to judicial review and interpretation by the judicial branch.
The judicial branch, with the supreme court or a similar body at its apex, interprets laws and ensures they align with the constitution. Through judicial review, the judiciary acts as a check on both the legislative and executive branches, preventing them from exceeding their constitutional mandates. This interplay between the branches fosters an environment of mutual oversight and accountability, aligning governance with democratic values and citizen expectations. It prevents governmental overreach, potential tyranny, and legal violations, fortifying the resilience of the democratic system.
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Rule of law
The rule of law is a system of governance where laws are created and enforced by the people, for the people. It is a foundational principle of democracy, ensuring that governments are held accountable to the citizens they serve.
The rule of law is a departure from the historical notion that rulers and law were synonymous, with laws being the will of the ruler. The rule of law establishes that rulers are under the law and must govern by legal means. It protects fundamental political, social, and economic rights and freedoms, such as freedom of speech and assembly, and reminds us that tyranny and lawlessness are not the only alternatives.
In a democracy, the rule of law ensures that the government exercises authority by way of law and is itself subject to the law's constraints. This means that the government is accountable to the people and must follow established legal processes. The rule of law also dictates that the enforcement of constitutional principles takes precedence over all other laws.
Constitutions may contain provisions to preserve fundamental principles and values, such as human rights, by making the amendment process burdensome or prohibiting amendments altogether for certain principles. The judiciary plays a crucial role in upholding the rule of law by applying the law to individual cases and acting as its guardian.
The rule of law promotes transparency and accessibility in governance. It ensures that the processes by which laws are adopted, administered, and enforced are accessible, fair, and efficient. Citizens should be able to collaborate with government officials, bring complaints without repercussions, and receive timely and informative responses from the government.
In summary, the rule of law is a fundamental principle of democracy that empowers citizens, holds governments accountable, and ensures the protection of universal rights and freedoms. It provides a durable framework for laws, institutions, and norms to coexist and promotes peace, justice, and opportunity within a community.
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Protection of fundamental rights
Democracy is a system of government with freely elected representative institutions and constitutional limits. The constitution is central to democracy, and it is the accumulation of laws and established practices that govern a state and a society. In a democracy, the people are the ultimate source of the authority of the government, which derives its right to govern from their consent.
One of the four constitutional principles that prevent excessive democracy is the protection of fundamental rights. This principle guards against the risk of majority rule lapsing into majority tyranny. The protection of fundamental rights includes freedoms such as freedom of speech, assembly, and expression, as well as various individual liberties. These rights are often enshrined in a bill of rights, which is a part of the law in many countries. When someone believes that their government is violating their rights, they can turn to the courts for help.
The protection of fundamental rights also includes the right to assemble and protest, which is a fundamental right that lies at the heart of democracy. In the United States, for example, this right is protected by the Constitution. Learning what actions are permissible and what actions are out of bounds is key to effectively expressing oneself in a protest.
In addition to the protection of individual rights, constitutional democracy also requires informed and effective participation by citizens who understand and have a reasoned commitment to its fundamental principles and values. This includes having knowledge of history, geography, economics, and how nations interact. Citizens should also understand the significance of the mass media in a free society and how the media influences public opinion.
Another aspect of the protection of fundamental rights is the concept of corrective justice, which involves using fair and proper responses to correct wrongs and injuries. Individuals are protected against cruel or excessive punishment under this principle. Procedural justice is also important, as it ensures that all government agencies use fair procedures when gathering information and making decisions, protecting the rights of individuals and the interests of society.
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Integrity and standards in public life
At its core, this principle is about maintaining public trust and confidence in the democratic system and its representatives. When the public perceives politicians as dishonest or untrustworthy, the foundations of democracy are weakened. This principle is about more than just the personal integrity of individual politicians, it also encompasses the broader standards and norms that govern the behaviour of those in public life.
Public officials and politicians are expected to uphold high standards of conduct and integrity. This includes adhering to legal and ethical norms, such as avoiding conflicts of interest, declaring gifts and donations, and being transparent about their financial interests and associations. It also involves respecting the independence of regulatory bodies and maintaining mutual respect between different democratic institutions.
In addition, maintaining integrity in public life requires a commitment to transparency and accountability. This means ensuring that government decisions and policies are made in a transparent manner, with appropriate checks and balances in place to hold those in power accountable for their actions. It also entails providing citizens with access to information and protecting their right to assemble and protest, as these are fundamental to a well-functioning democracy.
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Frequently asked questions
Constitutional democracy is characterized by popular sovereignty, majority rule, minority rights, and limited government. These principles prevent excessive democracy by ensuring that the government's power is constrained and that the rights of individuals and minorities are protected.
Popular sovereignty refers to the idea that the people are the ultimate source of the government's authority. The government derives its right to govern from the consent of the governed. This is a fundamental principle of democracy, where citizen participation and the expression of their opinions and desires are essential.
Constitutional limits are placed on elected governments to prevent the aggregation of power and the violation of people's rights. This is achieved through the separation of powers among different branches and territorial divisions of government, as well as checks and balances on their authority.
A bill of rights is a list of the rights and freedoms that individuals are entitled to, such as freedom of speech and assembly. It serves as a legal document that people can turn to if they believe their rights are being violated by the government. This helps to protect people from abuse of power and upholds the principle of minority rights.
Limited government refers to the idea that the powers of the government are constrained by law and a written or unwritten constitution. This prevents excessive government intervention in people's lives and ensures that the government operates within a defined framework, respecting the rights and freedoms of its citizens.
