1.2 Democracy

1.2.1 Basic principles

In Abraham Lincoln’s famous quotation (1863), democracy is “government of the people, by the people, for the people”; the three definitions can be understood as follows:

• “of”: power comes from the people – the people are the sovereign power that exercises power or gives the mandate to do so, and whoever is part of authority may be held responsible by the people;
• “by”: power is exercised either through elected representatives or direct rule by the citizens;
• “for”: power is exercised to serve the interests of the people, that is, the common good.

These definitions can be understood and linked in different ways. Political thinkers in the tradition of Rousseau insist on direct rule by the citizens (identity of the governed and the government). The people decide everything and are not bound by any kind of law. Political thinkers in the tradition of Locke emphasise the competition between different interests in a pluralist society; within a constitutional framework, they must agree on a decision that serves the common good.

No matter how long the democratic tradition is in a country and how it has developed it cannot be taken for granted. In every country, democracy and the basic understanding of human rights have to be permanently developed to meet the challenges that every generation faces. Every generation has to be educated in democracy and human rights.

1.2.2  Democracy as a political system

Core elements of modern constitutional democracies include:

• a constitution, usually in written form, that sets the institutional framework for democracy protected in some countries by an independent, high court; human rights, usually not all, are protected as civil rights;
• human rights are referred to in the constitution and then relegated to civil rights as guaranteed constitutionally. Governments that have signed human rights conventions are obligated to uphold the range of rights they have ratified, regardless of whether they are specifically referred to in the constitution;
• the equal legal status of all citizens: all citizens are equally protected by the law through the principle of non-discrimination and are to fulfil their duties as defined by the law.
• universal suffrage: this gives adult citizens, men and women, the right to vote for parties and/ or candidates in parliamentary elections. In addition, some systems include a referendum or plebiscite, that is, the right for citizens to make decisions on a certain issue by direct vote;
• citizens enjoy human rights that give access to a wide range of ways to participate. This includes the freedom of the media from censorship and state control, the freedom of thought, expression and peaceful assembly, and the right of minorities and the political opposition to act freely;
• pluralism and competition of interests and political objectives: individual citizens and groups may form or join parties or interest groups (lobbies), non-governmental organisations, etc. to promote their interests or political objectives. There is competition in promoting interests and unequal distribution of power and opportunities in realising them;
• parliament: the body of elected representatives has the power of legislation, that is, to pass laws that are generally binding. The authority of parliament rests on the will of the majority of voters. If the majority in a parliamentary system shifts from one election to the next, a new government takes office. In presidential systems the head of government, the president, is elected separately by direct vote;
• majority rule: the majority decides, the minority must accept the decision. Constitutions define limits for majority rule that protect the rights and interests of minorities. The quorum for the majority may vary, depending on the issue – for example, two-thirds for amendments to the constitution;
• checks and balances: democracies combine two principles: the authority to exercise force rests with the state, amounting to a “disarmament of citizens”.⁵ However, to prevent power of force to turn into autocratic or dictatorial rule, all democratic systems include checks and balances. The classic model divides state powers into legislation, executive powers, and jurisdiction (horizontal dimension); many systems take further precautions: a two-chamber system for legislation, and federal or cantonal autonomy, amounting to an additional vertical dimension of checks and balances (such as in Switzerland, the USA or Germany);
• temporary authority: a further means of controlling power is by bestowing authority for a fixed period of time only. Every election has this effect, and in some cases, the total period of office may be limited, as in the case of the US president, who must step down after two four-year terms of office. In ancient Rome, consuls were appointed in tandem, and left office after one year.

1.2.3  A misunderstanding of human rights and democracy

Democracy is based on the standards and principles of human rights. Human rights are sometimes misunderstood as a system in which the individual enjoys complete freedom. This, however, is not the case.

Human rights recognise individual rights and liberties, which are inherent in being human. However, these rights are not absolute. The rights of others must also be respected, and sometimes there will be conflicts between rights. Democratic processes help to set up processes that facilitate the freedom of people, but also set necessary limits. In an EDC/HRE class, for example, a discussion is held. To give all students the opportunity to express their opinion, speaking is rationed, maybe quite strictly. For the same reason, speaking time is limited in parliamentary debates or TV talk shows.

Many rules in the highway code limit our freedom of movement: speed limits in town, having to stop at red traffic lights, etc. Clearly these rules are in place to protect people’s life and health.

Democracy gives more freedom to the people, and also to individuals, than any other system of government – provided it is set in an order, that is, an institutional framework, and implemented as such. To function well, democracy relies on a strong state that exercises the rule of law and achieves an accepted degree of distributive justice. A weak state, or weak rule of law, means that a govern­ment is not able to carry out its constitutional framework and laws.

1.2.4   Strengths and weaknesses

Broadly speaking, the different types of democracies share some strengths and weaknesses including the following.

a. Strengths of democracies

• Democracy provides a framework and means for civilised, non-violent conflict resolution; the dynamics of conflict and pluralism support the solution of problems.
• Democracies are “strong pacifists” – both in their societies and in international politics.
• Democracy is the only system that facilitates an exchange of political leadership without chang­ing the system of government.
• Democracies are learning communities that can accommodate human errors. The common good is defined by negotiation, not imposed by an autocratic authority.
• Human rights reinforce democracies by providing a normative framework for political processes that is based on human dignity. Through ratification of human rights treaties, a government can extend to its citizens “promises” that maintain personal liberties and other rights.

b.  Problems and weaknesses

• Parties and politicians tend to sacrifice long-term objectives for success in elections. Democracies create incentives for short-sighted policy making, for example at the expense of the environment or later generations (“muddling through”).
• Government for a people is government within the confines of a nation state. Increasing global interdependence, such as in economic and environmental developments, limits the scope of influence of democratic decision making in a nation state.

1.2.5   Conclusions

Democracies depend on their citizens to what extent the strengths of democracies are unfolded and their weaknesses are kept in check. Democracies are demanding systems, depending on their citizens’ active involvement and support – an attitude of informed and critical loyalty; as Winston Churchill (1947) put it, “Democracy is the worst form of government except all those other forms that have been tried from time to time.”

Both in established and in young democratic states, EDC/HRE contributes decisively to the political culture that democracies must be rooted in to thrive and survive.

5. There is a notable example in which the principle of disarming citizens is modified, namely the USA.