Omar Bennett
The concept of majoritarianism asserts that the majority, whether based on religion, language, social class, or another category, is entitled to a degree of primacy in society and has the right to make decisions that affect society. While majoritarianism is often associated with democracy, critics argue that it can lead to tyranny of the majority and the oppression of minority groups. Constitutional limits on majoritarianism aim to protect the rights of individuals and minority groups, ensuring that majority rule does not violate fundamental freedoms. These limits are reflected in the constitutions of modern democracies, including the United States Constitution, which safeguards certain rights, such as freedom of speech and religion, from being repealed by a simple majority. The question of how to balance majority rule with minority rights remains a complex and ongoing debate in political philosophy and governance.
| Characteristics | Values |
|---|---|
| Majority rule | Majority rule is endorsed and limited by the constitution |
| Protection of minority rights | The constitution protects the rights of minorities and prevents tyranny of the majority |
| Limitations on constitutional democracy | Majority rule must be balanced with minority rights to sustain justice |
| Constitutional majority | Representation in Congress softens the effects of slim but intense majorities |
| Judicial review | The role of the judiciary is to interpret the Constitution and protect minority rights |
| Separation of powers | The Constitution's separation of powers contributes to a feeble majoritarianism |
| Supermajority requirements | Some decisions require supermajority support, such as changes to basic rights |
| Federalism | Qualified majoritarianism includes degrees of decentralization and federalism |
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What You'll Learn
Protection of minority rights
The concept of majoritarianism asserts that a majority, whether based on religion, language, social class, or another category, is entitled to a degree of primacy in society and has the right to make decisions that affect society. However, this idea has faced growing criticism, and modern liberal democracies have increasingly included constraints to protect citizens' fundamental rights.
The principle of constitutional democracy, which includes majority rule and the protection of minority rights, is embedded in the constitutions of modern democracies. This ensures that neither majority rule nor minority rights suffer permanent damage. For example, the 1992 constitution of the Czech Republic recognises the concepts of majority rule and minority rights, with Article VI stating, "Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities."
Constitutional limits on majority rule are necessary to prevent the tyranny of the majority and protect the rights of minorities. Thomas Jefferson, the third President of the United States, expressed this concept in his First Inaugural Address in 1801:
> All [...] will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect and to violate would be oppression.
Some democracies require supermajority support to enact changes to basic rights, ensuring that the rights of minorities are protected. For instance, in the United States, the rights to freedom of speech and freedom of religion are enshrined in the Constitution, meaning that it would take more than a simple majority of Congress to repeal these rights.
The role of the judiciary in protecting minority rights is also important. The Supreme Court, as a non-majoritarian institution, can defend the rights specified and implied by the Constitution and prevent the majority from usurping the judiciary's duty to interpret it.
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Preventing tyranny of the majority
The concept of majoritarianism asserts that a majority, whether based on religion, language, social class, or another category, is entitled to a certain degree of primacy in society and has the right to make decisions that affect society. While majoritarianism is often associated with democracy, critics argue that it can lead to "tyranny of the majority", where the rights of minority groups are threatened or violated.
To prevent tyranny of the majority, constitutional democracies aim to balance majority rule with the protection of minority rights. This balance is reflected in the constitutions of democracies, which safeguard the rights of individuals and minority groups while also endorsing majority rule. For example, in the United States Constitution, certain rights, such as freedom of speech and religion, are guaranteed and cannot be repealed by a simple majority of Congress. Similarly, the 1992 constitution of the Czech Republic recognises both majority rule and minority rights, stating that "political decisions shall stem from the will of the majority" while also requiring that "the majority's decisions must heed the protection of the minorities".
The inclusion of minority rights within a constitutional framework helps to prevent tyranny of the majority by ensuring that the rights of minority groups are protected from the potential excesses of majority rule. This can take the form of requiring supermajority support for certain decisions or establishing independent judicial systems that can interpret and uphold the rights outlined in the constitution.
In the context of American political thought, figures such as John Adams and James Madison recognised the potential for tyranny of the majority and sought to establish a system of checks and balances to mitigate this risk. Madison, for example, favoured a system of deliberative majorities in Congress that promoted consensus and softened the effects of intense numerical majorities. He also acknowledged the role of the judiciary in interpreting and protecting the rights outlined in the Constitution, a view shared by others who saw the judiciary as a non-majoritarian institution capable of policing the borders of majority rule.
Overall, preventing tyranny of the majority requires a careful balance between majority rule and minority rights, with constitutional democracies employing various mechanisms to ensure that the rights of all citizens are protected, even when those rights conflict with the will of the majority.
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Constitutional majority vs. numerical majority
The concept of majoritarianism asserts that a majority, whether based on religion, language, social class, or another category, is entitled to a degree of primacy in society and has the right to make decisions that affect society. This ideology has been criticised for its potential to threaten the rights of minority groups. Constitutional majorities, as opposed to numerical majorities, are formed by representatives from across the nation and are thus more diverse in their interests.
A constitutional majority is a majority that appears in Congress, made up of representatives from across the nation. This type of majority is preferred by Madison and the Constitution because it promotes consensus and prevents the tyranny of the majority. Madison believed that numerical majorities, or voters, are subject to "contagious passions" and can be easily misled by ambitious leaders. Constitutional majorities, on the other hand, are more deliberative and less prone to desiring excessive measures. They come together through discussion to make decisions that are in the best interests of the people they represent.
Advocates of majoritarianism argue that restricting majority decision-making is undemocratic. They believe that if a constitution cannot be changed by a simple majority decision, then the majority is being denied its rights. In response, critics of majoritarianism highlight the importance of protecting minority rights within a democracy. They argue that unlimited majority rule can lead to oppression and that the democratic process must include moral and constitutional limits to prevent self-contradiction.
Constitutional democracy in modern times requires majority rule alongside the protection of minority rights. This principle is embedded in the constitutions of all genuine democracies. For example, the 1992 Constitution of the Czech Republic recognises the concepts of majority rule and minority rights, stating that "political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities." Similarly, in the United States, certain fundamental rights, such as freedom of speech and religion, are written into the Constitution and cannot be repealed by a simple majority of Congress.
In conclusion, while majoritarianism emphasises majority rule, constitutional majorities play a crucial role in safeguarding minority rights and ensuring that decisions are made through deliberation and consensus. This balance between majority rule and minority rights is essential to sustain justice in a constitutional democracy.
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Constraints on parliamentary majority
The concept of democracy is based on majority rule, where decisions are made by a vote of more than half of the participants. However, this majority must also respect and protect the rights of minorities. This balance between majority rule and minority rights is a fundamental principle of constitutional democracy and is embedded in the constitutions of modern democracies.
For example, in the United States, certain fundamental rights, such as freedom of speech and religion, are guaranteed by the Constitution, and it would require more than a simple majority in Congress to repeal them. Similarly, the 1992 Constitution of the Czech Republic recognises the concepts of majority rule and minority rights, stating that "political decisions shall stem from the will of the majority... [but] must heed the protection of the minorities."
In addition to constitutional constraints, some democracies have implemented procedural constraints on majority rule to protect minority rights. These include requiring supermajority support for certain decisions or utilising a system of checks and balances with separate branches of government, such as the judiciary, to prevent the majority from infringing on the rights of minorities.
Advocates of majoritarianism argue that any restriction on majority decision-making is intrinsically undemocratic and gives more power to a past majority or a small, oligarchical group. They contend that the only acceptable restriction is that the current majority cannot prevent a different majority from emerging in the future, and they must not exclude minorities from future participation in the democratic process.
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Safeguarding majority rule
The concept of majoritarianism asserts that the majority, based on religion, language, social class, or another category, is entitled to primacy in society and has the right to make decisions that affect society. This ideology has faced growing criticism, and liberal democracies have increasingly constrained what parliamentary majorities can do to protect citizens' fundamental rights.
Majority rule is a fundamental principle of constitutional democracy, and it is essential to endorse and limit it through the supreme law of the constitution to protect the rights of individuals. This prevents tyranny by the minority over the majority and vice versa.
The constitutions of genuine democracies include statements of guaranteed civil liberties, which the constitutional government must respect and protect. For example, the 1992 constitution of the Czech Republic recognises the concepts of majority rule and minority rights, stating that ""Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority’s decisions must heed the protection of the minorities."
Constitutional arrangements and the republican principle enable the majority to defeat the sinister views of illegitimate or temporary coalitions that could disproportionately hurt minorities.
To prevent tyranny of the majority, some democracies require supermajority support to enact changes to basic rights. For instance, in the United States, the rights to freedom of speech and religion are enshrined in the Constitution, requiring more than a simple majority in Congress to repeal them.
James Madison, a constitutional author, presented the idea of a "mixed government, consisting of three branches" to mitigate the destabilizing effect of "the superior force of an interested and overbearing majority". He differentiated between constitutional majorities, which are made up of representatives from across the nation, and numerical majorities, or voters, who are more prone to desiring excessive measures. Madison favoured the former, as they promote consensus and soften the effects of slim but intense majorities.
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Frequently asked questions
Majoritarianism is a political philosophy or ideology that asserts that a majority, whether based on religion, language, social class, or another category of the population, is entitled to a certain degree of primacy in society and has the right to make decisions that affect society.
Critics of majoritarianism argue that it can threaten the rights of minority groups. Most democracies today have constitutional limits on majority rule to protect the rights of individuals.
In the United States, rights such as freedom of speech and freedom of religion are written into the Constitution, meaning it would require more than a simple majority of Congress to repeal these rights. The Czech Republic's constitution also recognises the concepts of majority rule and minority rights, with statements guaranteeing civil liberties that the government must protect.
Advocates of majoritarianism argue that majority decision-making is intrinsically democratic and that any restriction on it is undemocratic. They believe that a current majority should not prevent a different majority from emerging in the future and that majoritarianism does not prohibit decisions made by representatives, as long as they are made via majority rule.
