'Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.' Article 21, Universal Declaration of Human Rights. 1948.
Democracy is usually translated as rule of the people. However, democracy is more complex in its definition. It is a form of government; it is also an idea which underlines the socio-political and legal organisation of the state; it can be seen as an ideology; it appears in the form of many different models both in reality and in theory – altogether it encompasses countless different meanings. Yet, in its essence, democracy is strongly related to the principles of human rights and cannot function without assuring the full respect and protection of human dignity. Apart from participation and representation, it is also about inclusion – understood as the right to be fully included in the civic life of one’s community, one’s region or one’s state.
How fully an individual citizen exercises the right to be included and to participate is at the citizen’s own discretion, yet, the right cannot be denied. Along with inclusion, the notion of pluralism is at the heart of democratic governance. Pluralism means overcoming “otherness” and affirming that people with different currents of human experience can live together in dignity, under the rule of law, with diversity seen as a source of strength and resiliency. In essence, nobody with a justified claim to citizenship or other forms of legal residence can be denied inclusion and human dignity. This is the litmus test of democracy.
Core Elements of Modern Democracy
It is difficult to measure how democratic a society is. However, there are a number of key elements which are widely recognised as constituting the basis of every democratic society.
1. Equality: The principle of equality means that all human beings are born equal and should therefore enjoy equal opportunities and participation in the political life of the community as well as equal treatment before the law. This also includes social and economic equality between women and men.
2. Participation: Democracy is meaningless without participation. Participation in community and political affairs is a precondition for building a democratic system. Democracy requires participation, which is as such a broader concept that does not only have strong political implications but also social and economic ones. Participation alone, however, is no guarantee for the existence and endurance of democracy.
3. Majority rule and minority rights: Even though democracy is per definition the rule of the people, it is, in fact, the rule of the majority. This also means an obligation of the majority to take into account the rights and different needs of minority groups. The extent to which this obligation is met is an indicator for further enhancement of democratic values in a society.
4. Rule of law and fair trial: Democracy is meant to prevent a single person or a small group from ruling over the people in an arbitrary manner. The rule of law ensures that a state has an autonomous legal order ensuring equality before the law, limiting the power of public authority and providing equitable access to an independent and fair judiciary.
5. Commitment to human rights: Accepting that “all human beings are born equal and free in dignity and rights” is the basis of a functioning democratic society that ensures the respect, protection and fulfilment of all human rights in order to enable its citizens a life free from fear and free from want. With respect to democracy, special focus should be laid on those rights crucial for civic participation, such as freedom of assembly, freedom of speech, freedom of thought, conscience and religion. Still, civil and political rights alone cannot guarantee peace and human security. Only if the basic economic, social and cultural needs are likewise taken into account, a favourable environment for democracy can be fostered. 6.Political pluralism: Traditionally, it is the task of political parties to consolidate the diversity of ideas and opinions and to represent them in the public debate. Only political pluralism can secure structures which are flexible enough to adapt to changing needs but still remain a stable ground for democratic governance. However, political freedom can also be misused for spreading ideas that incite hatred or provoke violence and thus pose a threat to the democratic society and order. The challenge is to handle such tendencies democratically, without infringing the general principle of freedom of expression, while also protecting the interests of the society at large. Up to a certain extent, however, democracies also need to protect themselves (this is often referred to as the principle of “militant democracy”).
7. Free and fair elections: Elections are generally viewed as a democracy’s most fundamental and unique characteristic. No other type of regime leaves the decision on political leadership to those primarily affected by the governmental system – the people. In elections, they can express their desire for change as well as their consent to current policies and participate in a permanent process of evaluation. However, history has shown that the answer to the question as to who exactly should have the right to participate is not always self-evident. Thus, while it is generally uncontroversial to exclude minors from participation in the electoral process, it is still debatable if the right to vote may also be restricted in case of persons convicted of certain (serious) crimes by a court of law (a practice followed by many states). As already mentioned, women have been excluded from participation in elections for a very long time. In Appenzell-Innerrhoden, a part of Switzerland (a country well-known for its highly developed democratic structures), women acquired voting rights only at the beginning of the 1990s. As a general matter, therefore, it is essential to ensure that the right to vote is guaranteed without unreasonable restrictions and that elections are free, equal, secret, direct and by universal suffrage.
8. Division of powers: The division of powers, introduced as a concept by John Locke (“Two Treatises of Government “ 1690) and furthered by Charles de Montesquieu (“De l’esprit des lois” – “The Spirit of the Laws” 1748), was originally directed against the allencompassing power of the absolutist state. Today, it is a fundamental principle of modern democracy. According to this principle, state power is divided into legislative, executive and judicial branches of government which, while functioning independently, remain accountable to each other and to the people. This system of checks and balances provides for adequate control mechanisms and as such prevents the misuse of state power.
9. Transparency and accountability in public administration;
10. Free, independent and pluralistic media.
Resources:
https://www.coe.int/en/web/compass/democracy
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-UD(2010)003-e
Democracy is usually translated as rule of the people. However, democracy is more complex in its definition. It is a form of government; it is also an idea which underlines the socio-political and legal organisation of the state; it can be seen as an ideology; it appears in the form of many different models both in reality and in theory – altogether it encompasses countless different meanings. Yet, in its essence, democracy is strongly related to the principles of human rights and cannot function without assuring the full respect and protection of human dignity. Apart from participation and representation, it is also about inclusion – understood as the right to be fully included in the civic life of one’s community, one’s region or one’s state.
How fully an individual citizen exercises the right to be included and to participate is at the citizen’s own discretion, yet, the right cannot be denied. Along with inclusion, the notion of pluralism is at the heart of democratic governance. Pluralism means overcoming “otherness” and affirming that people with different currents of human experience can live together in dignity, under the rule of law, with diversity seen as a source of strength and resiliency. In essence, nobody with a justified claim to citizenship or other forms of legal residence can be denied inclusion and human dignity. This is the litmus test of democracy.
Core Elements of Modern Democracy
It is difficult to measure how democratic a society is. However, there are a number of key elements which are widely recognised as constituting the basis of every democratic society.
1. Equality: The principle of equality means that all human beings are born equal and should therefore enjoy equal opportunities and participation in the political life of the community as well as equal treatment before the law. This also includes social and economic equality between women and men.
2. Participation: Democracy is meaningless without participation. Participation in community and political affairs is a precondition for building a democratic system. Democracy requires participation, which is as such a broader concept that does not only have strong political implications but also social and economic ones. Participation alone, however, is no guarantee for the existence and endurance of democracy.
3. Majority rule and minority rights: Even though democracy is per definition the rule of the people, it is, in fact, the rule of the majority. This also means an obligation of the majority to take into account the rights and different needs of minority groups. The extent to which this obligation is met is an indicator for further enhancement of democratic values in a society.
4. Rule of law and fair trial: Democracy is meant to prevent a single person or a small group from ruling over the people in an arbitrary manner. The rule of law ensures that a state has an autonomous legal order ensuring equality before the law, limiting the power of public authority and providing equitable access to an independent and fair judiciary.
5. Commitment to human rights: Accepting that “all human beings are born equal and free in dignity and rights” is the basis of a functioning democratic society that ensures the respect, protection and fulfilment of all human rights in order to enable its citizens a life free from fear and free from want. With respect to democracy, special focus should be laid on those rights crucial for civic participation, such as freedom of assembly, freedom of speech, freedom of thought, conscience and religion. Still, civil and political rights alone cannot guarantee peace and human security. Only if the basic economic, social and cultural needs are likewise taken into account, a favourable environment for democracy can be fostered. 6.Political pluralism: Traditionally, it is the task of political parties to consolidate the diversity of ideas and opinions and to represent them in the public debate. Only political pluralism can secure structures which are flexible enough to adapt to changing needs but still remain a stable ground for democratic governance. However, political freedom can also be misused for spreading ideas that incite hatred or provoke violence and thus pose a threat to the democratic society and order. The challenge is to handle such tendencies democratically, without infringing the general principle of freedom of expression, while also protecting the interests of the society at large. Up to a certain extent, however, democracies also need to protect themselves (this is often referred to as the principle of “militant democracy”).
7. Free and fair elections: Elections are generally viewed as a democracy’s most fundamental and unique characteristic. No other type of regime leaves the decision on political leadership to those primarily affected by the governmental system – the people. In elections, they can express their desire for change as well as their consent to current policies and participate in a permanent process of evaluation. However, history has shown that the answer to the question as to who exactly should have the right to participate is not always self-evident. Thus, while it is generally uncontroversial to exclude minors from participation in the electoral process, it is still debatable if the right to vote may also be restricted in case of persons convicted of certain (serious) crimes by a court of law (a practice followed by many states). As already mentioned, women have been excluded from participation in elections for a very long time. In Appenzell-Innerrhoden, a part of Switzerland (a country well-known for its highly developed democratic structures), women acquired voting rights only at the beginning of the 1990s. As a general matter, therefore, it is essential to ensure that the right to vote is guaranteed without unreasonable restrictions and that elections are free, equal, secret, direct and by universal suffrage.
8. Division of powers: The division of powers, introduced as a concept by John Locke (“Two Treatises of Government “ 1690) and furthered by Charles de Montesquieu (“De l’esprit des lois” – “The Spirit of the Laws” 1748), was originally directed against the allencompassing power of the absolutist state. Today, it is a fundamental principle of modern democracy. According to this principle, state power is divided into legislative, executive and judicial branches of government which, while functioning independently, remain accountable to each other and to the people. This system of checks and balances provides for adequate control mechanisms and as such prevents the misuse of state power.
9. Transparency and accountability in public administration;
10. Free, independent and pluralistic media.
Resources:
https://www.coe.int/en/web/compass/democracy
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-UD(2010)003-e
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