Jonah Patel
The US Constitution, which outlines the structure and operation of the government, contains a preamble and seven articles. The first three articles establish the three branches of government: the legislative, executive, and judicial. The constitution limits democracy through its establishment of a system of checks and balances, which prevents any one of these separate powers from becoming dominant. This is further supported by the separation and sharing of powers, where each branch checks the others, and no branch can become absolute. The constitution also upholds the republican form of government, where the people are the ultimate source of authority, and their sovereignty is reflected in the political system.
| Characteristics | Values |
|---|---|
| Popular Sovereignty | The people are the ultimate source of authority of the government and their sovereignty is reflected in the daily realities of the political system |
| Majority Rule and Minority Rights | People agree to abide by decisions of the majority, but there are effective protections for the rights of minorities |
| Limited Government | There are limits on the powers of government which elected and appointed officials obey |
| Checks and Balances | Each branch "checks" the others, because it is balanced against another source of power |
| Separation and Sharing of Powers | Powers are separated among different agencies or branches of government. Each agency or branch has primary responsibility for certain functions such as legislative, executive, and judicial functions |
| Basic Rights | Protection of certain basic or fundamental rights is the primary goal of government. These rights may be limited to life, liberty, and property, or they may be extended to include economic and social rights |
| Freedom of Conscience and Expression | A constitutional democracy includes among its highest purposes the protection of freedom of conscience and freedom of expression |
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What You'll Learn
Checks and balances
One of the key features of constitutional democracy is the system of checks and balances. This mechanism ensures that each branch of the government—legislative, executive, and judicial—shares power and can "'check'" the others, preventing any one branch from becoming too powerful. This separation of powers is a crucial means of limiting the exercise of political power.
For example, while one branch may have primary responsibility for creating laws, other branches can propose laws, interpret their meaning, or manage disputes over them. This way, no single branch has absolute power over the law-making process. Similarly, the executive branch's powers are also checked by the other branches. For instance, the president's ability to fire civil servants or impound budgets may be limited by judicial decisions and the potential for public and institutional response.
The system of checks and balances also extends to the states and the federal government. While the federal government has powers such as declaring war and raising armies, the states retain certain powers, like the authority to appoint officers and train militias. This balance of power between the states and the federal government helps to ensure that neither becomes too powerful and protects the rights of citizens at both levels.
Additionally, checks and balances can be seen in the relationship between the different branches of government and the people. In a constitutional democracy, the people are the ultimate source of the government's authority, and their consent is necessary for the government to govern legitimately. This popular sovereignty acts as a check on the powers of the government, as do the protections of minority rights and the limitations on government power enshrined in the constitution.
Overall, the system of checks and balances in a constitutional democracy is designed to prevent the concentration of power in any one branch or entity, thereby safeguarding the rights and freedoms of the people and ensuring that the government acts within the boundaries set by the constitution.
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Separation of powers
The separation of powers is a key feature of constitutional democracies, and it acts as an important means of limiting the exercise of political power. This mechanism divides powers among different agencies or branches of government, ensuring that each branch has primary responsibility for specific functions, such as legislative, executive, and judicial roles.
In a system with separated powers, each branch of government shares power with the others, creating a system of checks and balances. This prevents any single branch from becoming too powerful and ensures that they "check" and balance each other's influence. For example, while one branch may have the primary role of creating laws, other branches can propose, interpret, or manage disputes over those laws.
The separation of powers also allows for the protection of minority rights, which is essential for the legitimacy of a democratic government. It ensures that the fundamental rights of individuals in the minority are protected, even as the majority rules. This aspect of constitutional democracy reflects a deep concern for human dignity and the value of each individual.
The separation of powers is not limited to a division between the legislative, executive, and judicial branches. It can also involve a further distribution of powers among different agencies within these branches. This distributed power structure ensures that no single entity wields absolute power and that the government's powers are limited by law and a written or unwritten constitution.
In practice, the effectiveness of the separation of powers in limiting political power depends on the actions of those within the political system. This includes political representatives, business leaders, government officials, civil society, and the general public. Their willingness to act against any power grabs by the executive is crucial to maintaining the balance of powers.
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Basic rights
Protection of Fundamental Rights:
The primary goal of a constitutional democracy is to safeguard certain fundamental rights, such as life, liberty, and property. These rights are outlined in documents like the Universal Declaration of Human Rights, the United Nations Convention on the Rights of the Child, and regional charters. In the United States, the Bill of Rights, comprising the first ten amendments to the Constitution, guarantees civil rights and liberties, including freedom of speech, press, and religion.
Freedom of Conscience and Expression:
Constitutional democracy highly values the protection of freedom of conscience and expression. These freedoms are essential for the healthy functioning and preservation of democracy and the development of individuals within society. They ensure that people can freely express their ideas, assemble peacefully, and criticise or offer alternatives to government policies.
Economic and Social Rights:
Limitations on Rights:
While constitutional democracy emphasises the protection of basic rights, certain limitations may be imposed to maintain a balanced and harmonious society. For example, freedom of expression may have reasonable restrictions to address issues such as hate speech or child pornography. Similarly, the right to vote or hold public office is often limited to individuals above a certain age, such as 18 years in Canada.
Procedural Safeguards:
Constitutional democracies often include procedural safeguards to protect basic rights. For instance, the Fifth and Sixth Amendments in the U.S. Constitution provide protections for individuals accused of crimes, including the right to a fair trial, protection against double jeopardy, and the right to legal representation.
International Efforts:
Promoting basic rights is not limited to individual nations. Organisations like the United Nations actively support democracy and human rights globally. The UN works to strengthen democratic institutions, promote good governance, and assist in drafting constitutions that uphold the rights of all citizens.
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Presidential term limits
The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person can be elected to the office of President to two terms. It also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
The concept of an individual holding the title of president was created during the first debates surrounding the Constitution's ratification. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress to serve for life. This raised concerns that the United States would effectively become an "elective monarchy". Other proposals for presidential terms were also met with a divided reception. It was eventually determined that presidents would be voted for by the people through the Electoral College system, and the prospective president-elect would not be bound by term limits.
The decision by George Washington, the first President of the United States, to voluntarily step down from office after two terms, established an unofficial tradition for future presidents to serve for no longer than two terms. This tradition was followed by the three of the next four presidents after Thomas Jefferson: James Madison, James Monroe, and Andrew Jackson.
However, in 1932, Franklin D. Roosevelt was elected president, and he went on to serve four terms from 1932 to 1944. The unprecedented four terms of Roosevelt, coupled with his use of executive powers during the Great Depression and World War II, raised concerns about the risk of executive overreach. In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, calling for a set limit of two terms, each containing four years, for all future presidents. This proposal was supported by numerous academics and public figures, who argued that it served as a vital check against any one person or the presidency as a whole accumulating too much power. The Twenty-second Amendment was ratified on February 27, 1951, and it established term limits on those elected president, outlining a series of stipulations regarding the eligibility of succession for unfinished presidential terms.
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Popular sovereignty
In a democracy, popular sovereignty is expressed in four ways. Firstly, the people are directly or indirectly involved in the creation of a constitution. Secondly, the constitution, made in the name of the people, is ratified by a majority vote or by elected representatives. Thirdly, the people are directly or indirectly involved in proposing and ratifying amendments to the constitution. Lastly, the people indicate support for their government by voting in elections, upholding the constitution, and working to influence public policy decisions, holding their representatives accountable to them.
While popular sovereignty is often associated with democracy, a legalistic interpretation does not necessarily imply an effective, functioning democracy. For instance, a party or individual dictator may claim to represent the will of the people and rule in their name. This interpretation aligns with Hobbes's perspective on the subject. However, most modern definitions present democracy as a necessary condition for popular sovereignty.
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Frequently asked questions
A constitutional democracy is characterized by popular sovereignty, majority rule, minority rights, limited government, and institutional and procedural limitations on powers. It is the antithesis of arbitrary rule and is concerned with human dignity and the worth and value of each individual.
The US Constitution establishes a system of checks and balances to prevent any one branch of the government (Legislative, Executive, and Judicial) from becoming dominant. It also reserves powers not granted to the Federal government for the states and the people.
Basic or fundamental rights protected by constitutional democracies include life, liberty, property, employment, health care, and education. They also include freedom of conscience and expression.
Presidential term limits prevent democratic backsliding by stopping presidents from increasing their executive power and becoming too similar to hereditary monarchs.
