Elements of Democracy and Constitutionalism Essay

The 16th president of the United States of America explained it compactly. Democracy. that is. Democracy is a authorities system adopted by many states. It is possibly one of the oldest signifiers of political regulation. one that transcends over clip. . Democracy and fundamental law are merely two of the legion theories that origin in Greece. one of the oldest cradles of civilisation. Democracy takes its root from the Greek word which means regulation by the people ( Johnston. 1987 ) . It is different from other types of authorities system such as absolutism or totalitarian ( 1987 ) .

Democracy occurs when people choose its authorities. or those who will take them. Democracy dates back to prehistoric times. Some anthropologists. for case. hold unearthed democracy in folks ( 1987 ) . It is called “primitive democracy” wherein a tribal council regulations a certain folk ( 1987 ) . The council is normally composed of households and kins ( 1987 ) . The Iroquois Confederacy. which ruled some parts of the United States. is another illustration of democratic establishment ( 1987 ) . It is even said that the Confederacy contributed to the creative activity of the US fundamental law ( Cook. 2000 ) .

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Democracy has several political. economic and societal features. One of its critical political feature is that work forces are equal before the jurisprudence. intending everyone is entitled to be right. to take part in all political determinations ( Johnston. 1987 ) . Each has the right to vote or take. During the Athenian authorities. adult male citizens convened to turn to public issues. As democracy continued to go popular. particularly in Europe and America. the right to vote was adopted. but was limited to male land proprietors ( 1987 ) .

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It was merely during the twentieth century. wherein adult females in states practising democracy were given the right to suffrage ( 1987 ) . Another outstanding component in democracy is freedom of look. This pertains to the autonomy to show one’s self through address. imperativeness and assembly ( Johnston. 1987 ) . Through freedom of look. positions on certain issues would be addressed. The English. Gallic. and American revolutions were geared towards accomplishing freedom of look ( 1987 ) . Basic to democracy is the thought of bulk regulation. In a democratic state. a consensus should be achieved.

While the bulk is by and large followed. minority rights are besides taken in consideration ( Johnston. 1987 ) . The minority’s intent is non to contend the bulk but to give options ( 1987 ) . Furthermore. one economic feature of a democracy is to hold equality non merely in political countries but in economic as good. Democratic states have labour brotherhoods to turn to the public assistance of the workers ( Johnston. 1987 ) . Some states like the United States passed Torahs on modulating employment-related issues such as rewards and Social Security ( 1987 ) . Likewise. democracy affects the societal differentiations of a state.

Democracy curtails differences on sex. wealth. birth. race and faith ( Johnston. 1987 ) . The 14th Amendment to the United States. for illustration. states that a citizen must be granted all rights ( 1987 ) . In Greece where the term democracy derived. democracy arose when the in-between category consisting merchandisers. started to derive power ( Johnston. 1987 ) . It used to be that tribal systems were dominant in Greece ( Rabb. 1987 ) . The period. which was known as “Age of Kings” had mini-monarchies in Greece ( 1987 ) . However. by 1000 BC to 500 BC. people started to rethink about the authorities.

By this clip. the thought of popular authorities had started to harvest up ( 1987 ) . A popular authorities is defined as a authorities wherein people should non be under the control of others ( 1987 ) . This popular authorities construct is the precursor of what is non democracy. Athens was the topographic point where the Greeks first experience democracy ( 1987 ) . As stated earlier. Athenian democracy practiced vote. although was limited to citizens and work forces merely ( 1987 ) . It was besides during this clip that Socrates. the great Grecian philosopher. was sentenced to decease ( 1987 ) .

When Alexander the Great of Macedonia conquered Greece. the popularity of democracy faded. During the Roman period. the Roman tribune was tasked to stand in for the people or the plebian ( Johnston. 1987 ) . The plebian comprised the lower category. It was the Romans who idealized that citizens should be equal before the jurisprudence ( 1987 ) . In 16th century. the growing of European trade proved to be a platform for democracy to spread out ( Johnston. 1987 ) . Throughout Europe. the lifting in-between category started demanding for acknowledging their rights ( 1987 ) . In England. for case. free endeavor capitalist economy developed ( 1987 ) .

In France. recommending on democracy was prohibited particularly since the state had absolute monarchy as its type of authorities ( Johnston. 1987 ) . However. some Gallic authors and philosophers started propagating the thought of democracy ( 1987 ) . Voltaire wrote on the freedom of address ; Baron de Montesquieu drafted a theoretical account of a authorities construction wherein the executive. legislative. and judicial subdivisions are of equal power ; and Jean Jacques Rousseau advocated on an equal society ( 1987 ) . These are merely illustrations of ancient democratic patterns. Another Ancient Grecian political thought is the fundamental law.

The great Grecian philosopher Aristotle used the term fundamental law to refer to authorities forms- either good or bad ( Safra. 20002 ) . Harmonizing to Aristotle. monarchy and nobility are good fundamental law whereas tyranny. oligarchy and democracy are bad fundamental law ( 2002 ) . A constitutional authorities has several elements-procedural stableness. answerability. representation. division of power. openness and revelation ( Safra. 2002 ) . Procedural stableness means that basic Torahs of the authorities must non be changed indiscriminately ( Safra. 2002 ) . The authorities must supply it citizens the Torahs so that its citizens would cognize the effects ( 2002 ) .

Accountability pertains to the government’s duty to its citizens ( Safra. 2002 ) . It is executed through procedures such as elections. financial accounting. and referendum ( 2002 ) . Representation states that the people who have been elected should function as representatives of their components ( Safra. 2002 ) . Elections guarantee that citizens are good represented by those elected. Constitutionalism allows division of power [ of legislative assembly. executive. and judiciary ] to guarantee cheque and balance in the authorities ( Safra. 2002 ) . Since democracy sits in constitutionalism. there should be openness and revelation in the authorities.

Citizens can non take part in a constitutional authorities if they are non secluded to the workings. It is hence necessary to hold openness and revelation in the authorities. to hold entree to pertinent paperss. Constitutional authorities has been practiced by several states. Former settlements of Great Britain in Asia and the Caribbean such as India and Nigeria had adopted constitutional signifier of authorities ( Safra. 2002 ) . European states such as France. Germany and Italy have similarly adopted this signifier of authorities. In France. for illustration. its old authorities had been absolute monarchy.

The fundamental law of the Third Republic was established in 1870 ( Safra. 2002 ) . It was followed for approximately 70 old ages until the German invasion ( 2002 ) . In the fundamental law of the Fourth Republic. the mean cabinet life became shorter because the authorities had to cover with the Algerian independency motion ( 2002 ) . The fundamental law of the Fifth Republic provides power to the president to get rid of the Parliament ( 2002 ) . The U. S. fundamental law. on the other manus. copied most of its phrases from the British constitutional vocabulary ( Safra. 2002 ) .

The English fundamental law was the consequence of usage instead than a premeditated audience. Parliament was the merchandise of the Curia Regis or the King’s Council ( 2002 ) . The US fundamental law was amended for its ain usage. The fundamental law states that the US authorities has three subdivisions – executive. judicial and legislative. It was signed on September 17. 1787 ( Constitution of the United States. 2000 ) . The US fundamental law serves as the foundation of the US authorities. It is divided into three parts- the preamble. articles and amendments ( 2000 ) .

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