Introduction to Law

(Nora) #1

  • the government is installed to rule the people because it is in the interest of the
    people to have a government in the first place, and

  • this government pursues the interests of the people rather than its own.


Under a democracy, the idea is that the government rules with the consent of the
governed, or at least that the government is established with the support of the
people and has regular confirmation of that support, or else should not be in power.
As a form of government, democracy is endorsed around the world. States are either
democratic, or if they are not, they usually claim to be democratic. In the latter case,
they may argue that the regime actually represents the interests of the people even if
it did not get elected or if elections were not free and fair.


One should always be suspicious if a republic advertises its democratic character by calling
itself “Democratic Republic” or “People’s Republic.”

Effects of Democracy The case for democracy is indeed compelling because one
might think that it helps in aligning government choices with the citizens’
preferences, which then maximizes the well-being of the greatest number of people.
Or at least it helps in conveying the message that the government is based on
collective choice and promotes policies that serve the general interest. Also, regular
elections ensure that the government remains accountable to the people and the risk
of abuse of power is minimized because rascals can be voted out of office; transition
of power is bloodless because it is regulated in a universally accepted peaceful
procedure.


Less Wars? It would also be an interesting hypothesis to argue that even the
likelihood of war, at least between democracies, is minimized: democratic
governments should be as war-averse as their people are (after all, the people pay
the price of war), and they can rely on the knowledge that the same will hold true for
other democratic governments. This does not evidently prevent a democracy from
engaging in a military conflict or an overall war.
The invasion by the US of Iraq and its involvement in Afghanistan are examples
here, and they show that when the interests of democracies are sufficiently
threatened, they are willing to pay a price. If however a government’s preferences
are not, not necessarily, or not reliably aligned with the people’s, as is the case in
dictatorships, one can never be too sure about this government’s intentions.


8.3.1 Direct and Indirect Democracies


Democracy is a system of government where public power lies with, or emanates
from, the people. If the democracy is direct (lies with the people), the state power is
actually exercised by the people themselves; if the democracy is indirect (emanates
from the people), the power is exercised by the people’s representatives.


8 Constitutional Law 181

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