The Relationship Between Constitutionalism and Democratic Governance

Certain values define a democratic society, and this may include life, liberty, the pursuit of happiness, the common good, justice, diversity, equality, truth, popular sovereignty, patriotism, equality, general accord among others. This paper discusses each of these values and also determines which of these values represent the highest level of a democratic society. These democratic values represent the fundamental beliefs as well as the basic principles of the constitution which unit all people in a given nation (Christman 242).

The Constitutional Republic by definition is “a state wherever the officers square measure elective as representatives of the folks, and should govern in line with existing constitutional law that limits the government’s power over citizens”.

Since the dawn of mankind, there has always been a struggle for power, from our primitive ancestors to our present day, supposed, enlightened times. There have been a variety of systems that spawned and died in the political world. It can be assumed that the fruition of democracy emerged after the desire to create a system in which it was equal, sustainable, and transparent and where human rights was recognized. Robert Dahl, a prominent political scientist, had believed creating a democratic society in which he considered was perfect had to have (Dahl, 2000): effective participation, equal voting, enlightened understanding, an open agenda setting and inclusion (p.37-38) . In the present day, there are many countries that consider themselves

The Federalist papers instituted the several advantages of a Constitutional democracy. For instance, in a Constitutional democracy, the government is restricted by legal means so that the rights of individuals are respected (Quigley). As the Federalist No. 22 affirms, “the consent of the people” is the “pure,

An unlimited amendment power collapses the distinction between constitutional-making and constitutional-amending. Consequently, it can also extinguish the people’s primary constituent power. If amendment powers were unlimited, what would be kept for the people?9 But amendment powers are not unlimited, and this unamendability limits only governmental organs – those authorities delegated with the competence to amend the constitution – rather than the people themselves.10 The people retain the primary constituent power; and through its exercise they may amend and establish the political order and its fundamental principles.11 Primary constituent power is manifested through a democratic appearance of popular sovereignty in extraordinary constitutional

According to the Struggle for Democracy you need to exhibit all three guidelines of democracy, (popular sovereignty, political equality, and political liberty), to become democratic. It states that in popular sovereignty the supreme source of government authority and policies they make are the people, and that political equality is the concept that every person has equal weight in the management of public business. It also specifies that political liberty is the right of the people to practice the range of basic freedom, for instants the freedom of speech, association, and conscience, without the governments meddling.

The United States of America utilizes constitutional democracy as its form of government. This type of government allows to people of its country to directly or indirectly make decisions and is based on the principle of equality and freedom and majority rule (Difference Between Monarchy and Democracy, 2011). In the Unites States, democracy is shaped by a constitution, which allows a clearly defined respect for an individuals and minorities basic individual rights and liberties, including freedom of speech, the press, and religion, to be protected (ushistory.org, 2017). Although this form of government does not allow absolute freedom, it leaves room for different types of citizens to compete for leadership positions, express personal opinions, and to be governed by laws that apply equally to leaders and citizens (Quigley, n.d.). Constitutional democracy is the antitheses of the arbitrary rule and is character sized by popular sovereignty, majority rule and minority rights, limited governmental powers including punishment and social control, and institutional and procedural limitations of powers (Quigley, n.d.).

Direct democracy is when the citizens discuss and gather to create a law. Direct democracy is not highly practiced in the United States of America because it requires all the citizens to participate. Representative democracy is when the citizens elect representatives as their voice. Representative democracy is highly used today in the United States to establish the constitution, labor laws, branches of government, and political parties. Thus this paper will feature the American national government national policy, branch government, and constitution. A critical analyzation of the United States Constitution uncovering the strength and weakness of the system. In particular, the controversial issue of the abortion law tremendous effect on the United States Constitution. Additionally, the labor laws established in the United States has a higher disadvantage for employers and employees. The Branch of Government protects the people as well as empowers the president to be an effective leader. As much the impact of the political parties’ success to the checks and balances of the

For example, the feudal system which was the starting point of Britain’s government , there was no democracy because the King was the one who owned all the incomes of the other classes. Democracy emerged as a reply to the murder of French Prince Arthur. The reign of King John was a transitional point in the history of England’s government. Therefore, one of the feudal resistances(the Barons) led to establishment of the Magna carta. This was how constitutionalism

It is generally considered that codified constitutions are an essential element of democracy in that by clearly setting out the functions of each branch of government and their relations with each other and their citizens, this prevents an over powerful executive developing and ensures rights of citizens are protected. However, I believe that codified constitutions are not an essential element of democracy as there are examples of robust democracies which have uncodified constitutions and at times codified constitutions are more of a hindrance than a help to the democratic process.

The ultimate goal of our constitutional order is not merely to produce democratic procedures but a democratic culture; a culture in which all citizens can participate and feel they have a stake, a culture in which unjust social privileges and status hierarchies have been disestablished. Democracy is more than a matter of fair legal process. It is a feature of social organization, of social structure. Democracy inheres not only in procedural mechanisms like universal suffrage but in cultural modes like dress, language, manners and behavior. Political egalitarianism must be nourished by cultural egalitarianism. A culture of democracy must include both legal rights and institutions as well as cultural predicates for the

“Our primary goal is to create a free and democratic country”: What is intended is to establish a democratic system based on a constitution that fits the state. It is that regulates the relations between the Establishments and the executive and legislative authorities, and there is a balance between them so as not to tyrannize one of them matters of state, and the Constitution guarantees the fundamental liberties of the citizen on the basis of equality between the collection of persons, groups and

Democracy is the type of government that allows the citizens to partake in the discussion or activities that will affect their daily life. In Democracy,

issue, if a person has a right to life and self-determination, do they have a

Democracy is a unique type of government, and the purpose of this essay is to illustrate the strengths and weaknesses that a democratic government provides. I will detail that many components of this type of society are both strengths and weakness as each component has beneficial aspects as well as unavoidable pitfalls.