Malcolm Rivera
The United States is considered a model of constitutional democracy, where the people are sovereign and hold the ultimate political power. In a constitutional democracy, the authority of the majority is limited by legal and institutional means to protect the rights of individuals and minorities. The US Constitution, with its emphasis on liberty and democracy, acts as a check on the government's power and helps ensure free and fair elections. The US Constitution also provides for a system of checks and balances, where each branch of government shares power to prevent any one branch from becoming absolute. While the US is considered a representative democracy, some argue for a more direct form of democracy, where citizens would have more direct input on major national issues.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The people are the ultimate source of authority |
| Majority rule | The majority decides the winners of the election |
| Minority rights | The rights of the minority are protected |
| Limited government | The powers of the government are limited by law and a written or unwritten constitution |
| Checks and balances | Each branch of government shares power with the other branches |
| Unitary, federal and confederate systems | Central government has full power, which it may delegate to subordinate governments |
| Privacy and civil society | Recognition and protection of the integrity of a private and social realm |
| Justice | Distributive, corrective and procedural justice |
| Equality | All citizens are equally entitled to participate in the political system |
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What You'll Learn
Popular sovereignty
The idea of popular sovereignty was asserted as a founding principle of the United States of America. The Declaration of Independence of 1776 states that legitimate governments are those "deriving their just Powers from the Consent of the Governed". The US Constitution also proclaims popular sovereignty in its Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America".
There are several ways in which popular sovereignty is expressed in a democracy. Firstly, the people are involved, either directly or through their representatives, in the creation and amendment of a constitution. Secondly, the constitution is ratified by a majority vote of the people or by their elected representatives. Thirdly, the people indicate their support for their government by voting in public elections, upholding the constitution, and working to influence public policy decisions. Finally, the people hold their government accountable and ensure that it acts in their interests.
The American example of popular sovereignty has become a world-class standard of legitimacy for governments in the 21st century. Many constitutions of democratic nations today proclaim and implement the principle of popular sovereignty. For instance, Article 2 of the 1993 constitution of the Czech Republic states, "All state power derives from the people... The state power serves all citizens and can be exercised only in cases within the scope stipulated by law, and by means specified by law".
In conclusion, popular sovereignty is a fundamental principle of democracy, recognising that the people are the ultimate source of a government's authority. It is expressed through the active participation of citizens in the creation and amendment of constitutions, the election of representatives, and the upholding of constitutional principles. The implementation of popular sovereignty in constitutional democracies ensures that the rights of individuals and minorities are protected from the potential tyranny of the majority.
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Checks and balances
In a constitutional democracy, checks and balances are essential for maintaining a balance of power between different branches of government. They empower each branch to prevent actions by another branch, fostering shared power and collaboration. This is especially crucial in tripartite governments, such as those with legislative, executive, and judicial branches. For instance, in the United States, Congress can initiate constitutional amendments to reverse Supreme Court decisions, and the President appoints Supreme Court members with the Senate's consent.
The media and civil society play a crucial role in checks and balances. The media scrutinises politicians and public officials, acting as a check on the executive and the broader political system. Civil society enables broader societal groups to participate in the governing process, allowing for scrutiny of politicians' actions by expert groups outside the government. Together, these elements help prevent the concentration of power and mitigate the risks associated with decisions made without proper scrutiny.
While checks and balances are vital for democracy, they may also present challenges. Strong checks and balances can increase the risk of gridlock by making unilateral action more difficult. Additionally, they can provide opportunities for vested interests to protect themselves at the expense of others. Therefore, a delicate balance must be struck to preserve effective checks and balances while allowing for essential action.
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Equality
In a constitutional democracy, all citizens are equally entitled to participate in the political system. This is ensured through free, fair, competitive, and periodic elections, in which practically all adult citizens have the right to vote. The votes of the majority decide the winners of the election, but the rights of the minority are also protected. This is to ensure that minority groups can freely criticize the majority and attempt to replace their representatives in the next election.
The 14th Amendment to the U.S. Constitution, passed in 1868, is a prime example of constitutional democracy's commitment to equality. This amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship and ensuring that they could not be deprived of "life, liberty, or property, without due process of law".
The U.S. government is a prime example of a representative and constitutional democracy. It is representative because the people elect individuals to represent their interests, and it is constitutional because it is limited and empowered by the supreme law, the Constitution, to protect the rights of all people equally.
Checks and balances are another mechanism of constitutional democracy that promotes equality. These are constitutional mechanisms by which each branch of government shares power, so that no branch becomes absolute. This prevents the concentration of power in one group or individual, ensuring that the rights of all citizens are respected.
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Unitary, federal and confederate systems
Unitary, federal, and confederate systems refer to the amount of power and authority given to the central (national) government and to the regional governments (states/provinces). These are the most common ways of organizing constitutional democracies.
Unitary Systems
In a unitary system, the central government holds most of the power. While there are local and regional governments, they are under the direct control or authority of the central government. Unitary systems still have local and regional governmental offices, but laws and policies are shared across the state and are passed more easily since they only require approval from the central government. France is an example of a unitary government.
Federal Systems
Federal systems share power between a central government, which has full power over some matters, and a set of subordinate provincial or state governments that have power over other matters. The United States is an example of a federal republic. The US Constitution grants specific powers to the national government while retaining other powers for the states. For instance, the federal government can negotiate treaties with other countries, while state governments have the power to set and enforce driving laws. Federal systems provide a degree of autonomy to individual states while maintaining a strong central authority.
Confederations
Confederations are associations of independent states that retain full sovereignty. In a confederation, the independent states agree to allow a central government to perform certain functions, but this central government has weak authority and derives its powers from the member states. The central government in a confederation cannot make laws applicable to individuals without the approval of the member states. An example of a confederation is the Commonwealth of Independent States, which is made up of several nations that were formerly part of the Soviet Union.
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Privacy and civil society
Constitutional democracy is the natural opposite of autocracy. It is a form of government that provides for a regularized system of periodic elections with a free choice of candidates, the opportunity to organize competing political parties, adult suffrage, decisions by majority vote with minority rights protection, an independent judiciary, constitutional safeguard of basic civil liberties, and so-called natural rights.
The constitution is a model for democracy because it ensures both majority rule and minority rights. The constitution should reflect the fact that sovereign authority originates with the people. The rights enumerated in a constitution shall not be construed by the courts to deny or disparage others retained by the people.
In a constitutional democracy, the government recognizes and protects the integrity of a private and social realm comprising family, personal, religious, and other associations and activities. This space of uncoerced human association is the basis of a civil society free from unfair and unreasonable intrusions by the government.
Certain traits of public and private character help constitutional democracy to flourish. While there is no universally agreed-upon list of traits, civility is commonly accepted as a necessary trait. Civility means treating others with respect as individuals inherently worthy of consideration, regardless of their positions on political issues. It also means adhering to commonly accepted standards of discourse while taking part in public debate, refraining from personal attacks, and respecting the right of others to be heard.
In a constitutional democracy, all agencies of the government use fair procedures when gathering information and making decisions. Civil and criminal procedures adequately protect the rights of individuals and the interests of society.
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Frequently asked questions
A constitutional democracy is a form of democracy where the government is limited by a constitution to protect the rights of all citizens. It is characterised by popular sovereignty, majority rule, minority rights, limited government, and checks and balances.
The key features of a constitutional democracy include:
- Popular sovereignty: The people are the ultimate source of authority, and the government derives its power from their consent.
- Majority rule and minority rights: While the majority rules, the fundamental rights of individuals in the minority are protected.
- Limited government: The powers of the government are constrained by a written or unwritten constitution.
- Checks and balances: Constitutional mechanisms ensure that power is shared between different branches of government, preventing any one branch from becoming absolute.
A constitution is important for a democracy because it provides a framework that limits the power of the government and protects the rights of citizens. It helps to prevent tyranny by the majority and ensures that minority rights are respected. A constitution also promotes values such as privacy, civil society, justice, and equality.
A constitution protects minority rights by placing legal and institutional limits on the authority of the majority. It ensures that individuals in the minority have their fundamental rights protected and can freely criticise the majority. This prevents the winners of a democratic election from persecuting the losers and promotes political equality, where all citizens have the right to participate in the political system.
