Saturday, September 14, 2019
Elements of Democracy and Constitutionalism Essay
The 16th president of the United States of America explained it succinctly. Democracy, that is. Democracy is a government system adopted by many nations. It is perhaps one of the oldest forms of political rule, one that transcends over time.. Democracy and constitution are just two of the numerous theories that origin in Greece, one of the oldest cradles of civilization. Democracy takes its root from the Greek word which means rule by the people (Johnston, 1987). It is different from other types of government system such as dictatorship or totalitarian (1987). Democracy occurs when people choose its government, or those who will lead them. Democracy dates back to prehistoric times. Some anthropologists, for instance, have unearthed democracy in tribes (1987). It is called ââ¬Å"primitive democracyâ⬠wherein a tribal council rules a certain tribe (1987). The council is usually composed of families and clans (1987). The Iroquois Confederacy, which ruled some parts of the United States, is another example of democratic institution (1987). It is even said that the Confederacy contributed to the creation of the US constitution (Cook, 2000). Democracy has several political, economic and social characteristics. One of its vital political characteristic is that men are equal before the law, meaning everyone is entitled to equal right, to participate in all political decisions (Johnston, 1987). Each has the right to vote or choose. During the Athenian government, adult male citizens convened to address public issues. As democracy continued to become popular, especially in Europe and America, the right to vote was adopted, but was limited to male land owners (1987). It was only during the 20th century, wherein women in nations practicing democracy were given the right to suffrage (1987). Another prominent element in democracy is freedom of expression. This pertains to the liberty to express oneââ¬â¢s self through speech, press and assembly (Johnston, 1987). Through freedom of expression, views on certain issues would be addressed. The English, French, and American revolutions were geared towards achieving freedom of expression (1987). Basic to democracy is the idea of majority rule. In a democratic nation, a consensus should be achieved. While the majority is generally followed, minority rights are also taken in consideration (Johnston, 1987). The minorityââ¬â¢s purpose is not to contest the majority but to give alternatives (1987). Furthermore, one economic characteristic of a democracy is to have equality not just in political areas but in economic as well. Democratic nations have labor unions to address the welfare of the workers (Johnston, 1987). Some countries like the United States passed laws on regulating employment-related issues such as wages and Social Security (1987). Likewise, democracy affects the social distinctions of a nation. Democracy curtails differences on sex, wealth, birth, race and religion (Johnston, 1987). The 14th Amendment to the United States, for example, states that a citizen must be granted all rights (1987). In Greece where the term democracy derived, democracy arose when the middle class comprising merchants, started to gain power (Johnston, 1987). It used to be that tribal systems were dominant in Greece (Rabb, 1987). The period, which was known as ââ¬Å"Age of Kingsâ⬠had mini-monarchies in Greece (1987). However, by 1000 BC to 500 BC, people started to rethink about the government. By this time, the idea of popular government had started to crop up (1987). A popular government is defined as a government wherein people should not be under the control of others (1987). This popular government concept is the precursor of what is not democracy. Athens was the place where the Greeks first experience democracy (1987). As stated earlier, Athenian democracy practiced voting, although was limited to citizens and men only (1987). It was also during this time that Socrates, the great Greek philosopher, was sentenced to death (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 class. It was the Romans who idealized that citizens should be equal before the law (1987). In 16th century, the growth of European trade proved to be a platform for democracy to expand (Johnston, 1987). Throughout Europe, the rising middle class started demanding for recognizing their rights (1987). In England, for instance, free enterprise capitalism developed (1987). In France, advocating on democracy was prohibited especially since the country had absolute monarchy as its type of government (Johnston, 1987). However, some French writers and philosophers started propagating the idea of democracy (1987). Voltaire wrote on the freedom of speech; Baron de Montesquieu drafted a model of a government structure wherein the executive, legislative, and judicial branches are of equal power; and Jean Jacques Rousseau advocated on an equal society (1987). These are just examples of ancient democratic practices. Another Ancient Greek political idea is the constitution. The great Greek philosopher Aristotle used the term constitution to pertain to government forms- either good or bad (Safra, 20002). According to Aristotle, monarchy and aristocracy are good constitution whereas tyranny, oligarchy and democracy are bad constitution (2002). A constitutional government has several elements-procedural stability, accountability, representation, division of power, openness and disclosure (Safra, 2002). Procedural stability means that basic laws of the government must not be changed randomly (Safra, 2002). The government must provide it citizens the laws so that its citizens would know the consequences (2002). Accountability pertains to the governmentââ¬â¢s responsibility to its citizens (Safra, 2002). It is executed through processes such as elections, fiscal accounting, and referendum (2002). Representation states that the people who have been elected should serve as representatives of their constituents (Safra, 2002). Elections ensure that citizens are well represented by those elected. Constitutionalism allows division of power [of legislature, executive, and judiciary] to ensure check and balance in the government (Safra, 2002). Since democracy sits in constitutionalism, there should exists openness and disclosure in the government. Citizens cannot participate in a constitutional government if they are not privy to the workings. It is therefore necessary to have openness and disclosure in the government, to have access to pertinent documents. Constitutional government has been practiced by several countries. Former colonies of Great Britain in Asia and the Caribbean such as India and Nigeria had adopted constitutional form of government (Safra, 2002). European countries such as France, Germany and Italy have likewise adopted this form of government. In France, for example, its previous government had been absolute monarchy. The constitution of the Third Republic was established in 1870 (Safra, 2002). It was followed for roughly 70 years until the German invasion (2002). In the constitution of the Fourth Republic, the average cabinet life became shorter because the government had to deal with the Algerian independence movement (2002). The constitution of the Fifth Republic provides power to the president to abolish the Parliament (2002). The U. S. constitution, on the other hand, copied most of its phrases from the British constitutional vocabulary (Safra, 2002). The English constitution was the effect of custom rather than a premeditated consultation. Parliament was the product of the Curia Regis or the Kingââ¬â¢s Council (2002). The US constitution was amended for its own use. The constitution states that the US government has three branches ââ¬â executive, judicial and legislative. It was signed on September 17, 1787 (Constitution of the United States, 2000). The US constitution serves as the foundation of the US government. It is divided into three parts- the preamble, articles and amendments (2000).
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