Isabella Carter
Democracy is a form of government that gives power to the people. A constitutional democracy is a form of democracy in which the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected. This form of democracy is practised in Germany, Israel, Japan, the United States, and other countries. The fundamental values of constitutional democracy reflect a paramount concern with human dignity and the worth and value of each individual. Basic rights, freedom of conscience, and freedom of expression are protected in a constitutional democracy. Citizens in a constitutional democracy should be familiar with the political, economic, and social history of their country, as well as the major events, issues, and ideas of the contemporary world.
| Characteristics | Values |
|---|---|
| Rule of law | Natural law, ethical principles |
| Political equality | Equality before the law, equality of social standing |
| Social norms | Acts reflecting principles of upward control and political equality |
| Legal equality | Equality before the law |
| Political freedom | Freedom of conscience, freedom of expression |
| Parliamentary sovereignty | Rule by consent of the governed |
| Judicial independence | Independent judiciary |
| Basic rights | Life, liberty, property, employment, health care, education |
| Majority rule | Rule by the many |
| Individual liberty | Freedom in government, freedom in ordinary life |
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What You'll Learn
Rule of law
The rule of law is a foundational principle for a well-functioning democracy. It is a millennia-old principle that dictates that all entities, including the government, must adhere to the supremacy of the law. In other words, the government is not above the law and must be bound by it.
In a democracy, the rule of law ensures that citizens' rights are protected and respected. It allows governments to pass general legislation that they are then subject to themselves. This is particularly important regarding the protection of minority rights, where the rule of law ensures that the will of the majority does not infringe upon the rights of minorities.
The rule of law is closely linked to the concept of justice. Citizens in democracies are more willing to obey the laws because they are submitting to rules and regulations that they themselves have established. This is achieved through the election of leaders who will uphold the rule of law. However, the viability of the rule of law depends on citizens' choices; electing leaders who will violate the rule of law will lead to its rapid decline.
The courts play an integral role in maintaining the rule of law. An independent judiciary, with judges who are well-trained, professional, independent, and impartial, ensures that government officials are held accountable to the nation's laws and regulations. This is particularly important when hearing the grievances of minority groups or those with minority opinions.
The rule of law is a nearly universal value, with the United Nations General Assembly regularly identifying "human rights, the rule of law, and democracy" as indivisible values. It is essential for promoting peaceful, just, and inclusive societies and ensuring sustainable development.
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Individual rights and freedoms
The protection of individual rights and freedoms is a cornerstone of democracy. These rights and freedoms are often enshrined in a constitution, which acts as a check on the power of the majority and ensures that the rights of minorities are respected. In a democracy, citizens are equal before the law and have equal access to legislative processes. They are also free to express their will and participate in the government, with their basic rights and liberties protected.
Constitutional democracy is characterised by popular sovereignty, where the people are the ultimate source of the government's authority, which derives its right to govern from the consent of the governed. This is reflected in the ability of citizens to freely assemble, associate, and express their ideas and opinions without fear of retribution. Freedom of expression is a key component of individual rights and freedoms in a democracy, as it allows for the healthy functioning and preservation of democracy, as well as the full development of the human personality. However, this freedom may be limited by laws that protect individuals and groups from harm, such as laws against hate propaganda or child pornography.
In addition to freedom of expression, other individual rights and freedoms that are often protected in a democracy include freedom of assembly, freedom of religion, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. Citizens in a democracy also typically enjoy economic freedom, which allows them to choose their own path in life, such as what to study, what job to take, or how to manage their property. This economic freedom is important for building strong communities and national economies.
The rights and freedoms outlined in a constitution are not always absolute and may be limited or balanced by other considerations. For example, in the Canadian Constitution, the rights and freedoms in the Charter are subject to reasonable limits that can be justified in a free and democratic society. Similarly, the United States Constitution includes a Bill of Rights that protects individual freedoms, but these rights have been interpreted and balanced by the courts over time, sometimes with a focus on the protection of property rights over the rights of citizens to participate in their democracy.
In conclusion, individual rights and freedoms are fundamental to the theory and practice of democracy. These rights and freedoms are enshrined in constitutions, which act as a check on majority rule and protect the rights of minorities. While the specific rights protected may vary, the overall goal is to ensure that citizens are free to express their will, assemble, associate, and live their lives with a basic level of liberty and equality before the law.
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Equality
However, in reality, equality is often not fully realised, and certain groups continue to face discrimination and a lack of equal representation in democratic societies. For example, in the United States, women, BIPOC communities, and the LGBTQIA+ community still face major roadblocks to full constitutional protection. Similarly, people with disabilities worldwide face high rates of explicit and implicit bias, as well as barriers to work, education, and public life.
To address these inequalities, various measures have been and continue to be advocated for and implemented. For instance, the Equal Rights Amendment (ERA) aims to add explicit protections against discrimination on the basis of sex to the US Constitution. Additionally, organisations like the National Organization for Women (NOW) work to ensure constitutional equality for marginalised groups, advocating for measures such as the reinstatement of protections against racial discrimination in voting and the prevention of voter suppression tactics.
The right to vote is central to democracy and equality, and ensuring free and fair elections is crucial to upholding these principles. This includes combating voter suppression and discriminatory voting practices that disproportionately affect communities of colour. Furthermore, constitutional democracies aim to protect basic or fundamental rights, such as life, liberty, property, and social rights like employment, healthcare, and education.
In conclusion, while equality is a fundamental principle of democracy, it is often not fully realised in practice. Achieving true equality requires ongoing efforts to address discrimination, ensure equal representation, protect fundamental rights, and guarantee free and fair elections. Through measures such as constitutional amendments, legal protections, and the work of advocacy organisations, progress can be made towards realising the ideal of equality in democratic societies.
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Majority rule
In a democracy, the majority's power must be balanced with the protection of minority rights. This is because the majority can easily oppress or tyrannise minority groups, violating their basic rights and freedoms. To prevent this, democratic constitutions enshrine certain rights that cannot be taken away by majority rule, such as freedom of speech, religion, and assembly. These rights are guaranteed not just on paper but also in practice, ensuring that minorities feel confident in their protection and are incentivised to participate in the democratic process.
The protection of minority rights is achieved through various means, including respect for individual rights, freedoms of expression and association, and independent institutions that safeguard those rights. Decision-making processes must take minority views into account, and elections must be free, fair, and regular to prevent the concentration of power in the hands of a small group.
While majority rule is essential for peaceful governance, it must be complemented by minority rights to ensure a stable and just democracy. This balance between majority rule and minority rights is a defining characteristic of democratic societies.
The British political philosopher John Stuart Mill, in his work "On Liberty", warned against the "tyranny of the majority". He argued that even democratic governments could stifle minority voices and impose their values on others. Mill's perspective highlights the importance of safeguarding minority rights within the context of majority rule.
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Representative democracy
Democracy has evolved to take many forms, both in theory and practice. One of the most prevalent forms of democracy in the world today is representative democracy, where the people rule indirectly through their elected public officials.
In a representative democracy, citizens elect representatives to make decisions and govern on their behalf. This form of democracy is particularly suited to large and diverse populations, as it allows for more efficient governance than direct democracy, where all citizens actively participate in political decision-making. The United States is a prime example of a representative democracy, where the people elect individuals to represent their interests in various institutions, with the formation and function of the government based on majority rule.
In a constitutional representative democracy, the chief executive or head of government serves a term fixed by the constitution and can be removed only in extraordinary circumstances. The constitution also ensures the protection of fundamental rights, such as life, liberty, and property, as well as social and economic rights, such as employment, healthcare, and education. Additionally, constitutional democracies often uphold the importance of freedom of conscience and freedom of expression.
While representative democracy allows for efficient governance, it has faced criticism. One of the main critiques is that representatives can become "elites" who seldom consult ordinary citizens, leading to a disconnect between the elected officials and the people they represent. This can result in a form of ""flawed democracy," or "backsliding democracy," as classified by the International Institute for Democracy and Electoral Assistance (IDEA) in the case of the United States.
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Frequently asked questions
Democracy is a form of government that gives power to the people. There are three fundamental principles that underpin the theory of democracy: upward control, political equality, and social norms. These principles are reflected in the constitutions of constitutional democracies such as Germany, Israel, Japan, and the United States.
A constitutional democracy is a form of democracy in which the authority of the majority is limited by legal and institutional means to protect the rights of individuals and minorities. Citizens in a constitutional democracy should be knowledgeable about the political, economic, and social history of their country, as well as basic economic ideas and how nations interact.
A constitutional democracy protects the rights of its citizens by guaranteeing basic or fundamental rights, such as life, liberty, and property, as well as social and economic rights like employment, healthcare, and education. It also ensures freedom of conscience and expression, allowing for the full development of the human personality.
