Simone Lawson
Democracy is a form of government where the people hold power, either directly or through elected representatives. A democratic constitution is a written document that outlines the fundamental principles, values, and laws that govern a democratic society. It serves as the supreme law of the land and is often accompanied by a bill of rights that guarantees certain freedoms and protections for citizens. The creation and ratification of a democratic constitution can be a complex and lengthy process, involving debates, negotiations, and input from various stakeholders. The United States Constitution, for example, was drafted by a group of delegates in 1787 and later ratified through conventions of the people, as advocated by nationalists led by Madison. The content of a democratic constitution can vary, but certain key features are expected, including popular sovereignty, majority rule with minority rights, an independent judiciary, and a commitment to fundamental human rights. The degree of democracy in a constitution can be enhanced by citizen participation, civic knowledge, and traits of civic character, such as civility and individual responsibility. Some modern democracies also incorporate elements of direct democracy, like Switzerland, where citizens can propose constitutional changes or request referendums. The evolution of democracy has led to various democratic models, such as semi-direct democracies and constitutional monarchies, with over half of the world's population now living under some form of democratic rule.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The people are the ultimate source of authority in the government |
| Majority rule and minority rights | The majority rules, but minority rights are protected |
| Civic knowledge | Citizens have an understanding of history, geography, and political processes |
| Civility | Treating others with respect and adhering to standards of discourse in public debate |
| Individual responsibility | Citizens understand the importance of fulfilling personal and societal responsibilities |
| Rule of law | The judiciary interprets the Constitution and ensures laws passed by Congress align with it |
| Free and fair elections | Elections are held periodically, based on universal and equal suffrage, and are by secret vote |
| Semi-direct democracy | Citizens can propose constitutional changes or request referendums on laws |
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What You'll Learn
Popular sovereignty
The framers of the U.S. Constitution further emphasised popular sovereignty in its Preamble: "We the people of the United States...do ordain and establish this Constitution for the United States of America." This principle is also reflected in Article VII, which required approval from nine states before the Constitution could become the supreme law.
In the context of U.S. history, popular sovereignty was a controversial doctrine during the 19th century, particularly regarding the issue of slavery. The concept proposed that the people of federal territories should decide for themselves whether slavery would be legal in their states. This idea was at the heart of the violent struggle for control of the Kansas Territory, pitting pro-slavery and anti-slavery factions against each other. Despite the failure to reach a consensus, popular sovereignty remained a significant aspect of American political thought, influencing the nation's founding principles and commitment to democratic ideals.
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Majority rule and minority rights
The principle of majority rule holds that decisions are made through a vote, with the will of the majority prevailing. This is a cornerstone of democracy, as it ensures that the government reflects the collective will of the people. However, the rights and freedoms of minority groups and individuals must also be safeguarded. This includes protecting their cultural identity, social practices, individual consciences, and religious activities. Democracies recognise that diversity is an asset and embrace differences as a challenge to be embraced rather than a threat to be neutralised.
Minority rights are protected through various mechanisms, including constitutional guarantees, civil liberties, and the democratic process of tolerance, debate, and compromise. For example, the 1992 Constitution of the Czech Republic recognises both majority rule and minority rights. It states that "political decisions shall stem from the will of the majority, expressed by means of a free vote", but also emphasises that "the majority's decisions must heed the protection of minorities". This balance ensures that majority rule does not become a tool for oppressing those with unpopular views.
Public officials in representative governments must make difficult decisions about when and how to curtail majority rule to protect minority rights and vice versa. These decisions are context-specific and require a delicate balance to ensure that neither principle is irreparably damaged. For instance, while the majority's right to rule must be respected, it should not infringe on the fundamental rights and freedoms of minorities. Similarly, while minorities should enjoy guaranteed basic human rights, they must also trust that their government will protect their rights and self-identity.
In conclusion, majority rule and minority rights are essential pillars of a democratic government. By upholding these principles, constitutional democracies strive to create a just and inclusive society where the will of the majority is balanced with the protection of the rights and freedoms of all citizens, regardless of their background or beliefs.
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Civic knowledge
Firstly, citizens should have a good understanding of history, including the political, economic, and social history of their own country, as well as the history of constitutional democracy and its development. This knowledge provides context for the present and helps citizens understand how the modern world came to be, including the major events, issues, and ideas that have shaped the contemporary world. For example, citizens should know about the creation of the U.S. Constitution, which was the result of intense debates and compromises by delegates during the Constitutional Convention of 1787.
Secondly, geography is essential to civic knowledge. Citizens should be familiar with the geography of their own country and the world. This knowledge enables citizens to consider geographical factors when thinking about political, social, and economic events. For instance, understanding the geographic distribution of resources or the impact of geographic boundaries on trade and international relations.
Thirdly, certain traits of civic character are essential for a healthy democracy. While there is no universally agreed-upon list, commonly accepted traits include civility and individual responsibility. Civility entails treating others with respect, adhering to standards of respectful discourse, refraining from personal attacks, and respecting the right of others to express their views. Individual responsibility refers to citizens understanding the importance of fulfilling their personal responsibilities, such as taking care of themselves, supporting their families and communities, adhering to moral principles, and considering the rights and interests of others.
The Center for Civic Education, for instance, has made it their mission to promote an enlightened and responsible citizenry committed to democratic principles and active engagement in democratic practices. Their efforts have reached over 30 million students and their teachers since 1965.
In conclusion, civic knowledge empowers citizens to effectively participate in a constitutional democracy. It provides the historical and geographical context needed to navigate political, social, and economic issues. Additionally, traits of civic character, such as civility and individual responsibility, foster a respectful and engaged citizenry. Together, these aspects of civic knowledge contribute to a more informed, active, and healthy democratic society.
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Civility and respect
In a democratic society, citizens with differing viewpoints must engage in public debates and discussions with civility and respect. This includes listening to opposing views, considering alternative perspectives, and valuing the diversity of opinions. By engaging in civil discourse, individuals can learn from one another, find common ground, and collectively work towards solutions that respect the rights and interests of all citizens.
Additionally, civility and respect are crucial for maintaining the stability and effectiveness of democratic institutions. This includes respecting the rule of law, adhering to established procedures, and recognising the authority of democratic institutions. Citizens should also respect the outcomes of fair and free electoral processes, even when their preferred candidates or policies are not successful. Respect for democratic institutions helps maintain social order, ensure the peaceful resolution of conflicts, and promote trust in the system.
In the context of constitutional democracy, civility and respect are integral to the functioning of representative bodies and the protection of minority rights. This involves respecting the decisions of elected representatives, recognising the importance of checks and balances, and valuing the rights of minority groups. By upholding civility and respect, citizens contribute to a stable and just political system that protects the rights and freedoms of all individuals.
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Universal and equal suffrage
Universal suffrage, or universal franchise, is the concept that all individuals bound by a government's laws should have the right to vote. This is supported by the "one person, one vote" principle. While the term universal suffrage often assumes the exclusion of non-citizens and minors, some argue that more inclusion is needed for true universality. Universal suffrage includes both the right to vote (active suffrage) and the right to be elected (passive suffrage).
Historically, the right to vote was restricted to those with property and wealth. Over time, suffrage increased and decreased based on the introduction, repeal, and reintroduction of various degrees of universal, property, and census-based suffrage. The First French Republic adopted universal male suffrage in 1792, briefly abolishing property requirements for men to register and vote. In 1848, universal male suffrage was granted in several countries, and in 1944, women gained equal universal suffrage rights to men.
The movement for universal suffrage has faced many challenges and setbacks. For example, in 1776, New Jersey granted women's suffrage with the same property qualifications as men, but this was rescinded in 1807. Similarly, women in the UK gained the right to vote in 1918, but it wasn't until 1928 that they could vote at the same age as men (21). In the US, following the Civil War, there were proposals for a Fourteenth Amendment to define and protect the rights of Black men, but women's rights advocates had to campaign for the inclusion of women in any constitutional changes.
While the concept of universal suffrage is a cornerstone of democracy, it is important to note that it may be subject to certain conditions. For example, a nationality requirement may be applied, but it is advisable to allow foreigners to vote in local elections after a certain period of residence. Additionally, provisions may be made to deprive individuals of their right to vote under specific cumulative conditions.
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Frequently asked questions
A democratic constitution should reflect the will of the people, who are the ultimate source of authority. It should also protect the rights of minorities and be based on popular sovereignty. Citizens should have an understanding of the history, geography, and political processes that shape their country. Traits of civic character, such as civility and individual responsibility, are also important for a democratic constitution.
A more democratic constitution can be achieved through popular sovereignty, where the people have a direct say in the creation and ratification of the constitution, rather than leaving it solely to political leaders or legislatures. This can be facilitated through referendums and initiatives, as seen in semi-direct democracies like Switzerland and some U.S. states.
One challenge is the size of the political unit; larger countries may face difficulties in gathering input from all citizens and risk a turn towards despotism. Additionally, ensuring that citizens are informed and engaged in the democratic process is crucial. Citizens should understand the fundamental principles and values of democracy and be committed to working towards narrowing the gap between democratic ideals and reality.
