Understanding Representative Democracy, Rights, and the Rule of Law
Representative Democracy: An Overview
In a representative democracy, citizens elect representatives to govern and establish laws. Direct participation procedures, such as referendums and jury duty, also play a role.
Universal Suffrage
Universal suffrage means that all adults have the right to vote, regardless of their profession, sex, or social condition.
Rights and the Law
Right (Goal): A set of principles and rules that govern human relations in society. These should be established as follows:
- Positive Law: A system of rules set by a particular state and in force at a specific time and place.
- Natural Right: A set of universal and unchanging principles and rules that positive law must adapt to, establishing what is subjectively just.
- Right: The right of every human being to do what is permitted or to require what they deserve.
The Nature of Law
We can distinguish between:
- Orders and Prohibitions: The law encourages or forces you to do something, or discourages or denies you the right to do it.
- Authorizations: Permission to do something.
- Prescriptive Nature: Laws dictate how social relationships should originate.
- State Authority: Only laws from the state are valid.
- Established Procedure: Laws are drafted and adopted by a legislature and officially published to come into force.
Justice
- Justice as a Set of Organs: Relates to all the organs, institutions, and professionals responsible for realizing the legal system.
- Justice as an Attributable State: People, actions, and standards must relate to the entire legal framework of a state, a necessary requirement for certain acts.
Democratic Criteria
Democracy is justified as a model form of government and political organization because:
- Welfare: Citizens live in a welfare state with social benefits granted to all.
- Equality: Everyone is entitled to vote. Minimum conditions should be strictly observed to allow citizens to form opinions and express them effectively.
- Deliberation: Consideration of a matter before making a decision.
- Empowerment: Citizens’ political participation makes them aware of their rights and duties, enhancing their sense of responsibility.
Risks of Democracy
- Degeneration into Demagogy: Popular support is achieved through propaganda.
- Promotion of Standardization: A misunderstood concept of equality can lead to a desire to equalize and make all citizens uniform. Equality before voting and social equality are democratic gains.
- Becoming a Dictatorship of the Majority: The interests of the majority prevail, and minority aspirations can be stifled.
- Weak Participation: Most people only participate in governance when they vote.
Totalitarian State
A totalitarian state exerts comprehensive control over all social and personal services. The state controls bodies that are not properly state-owned, civil society, and even the privacy of individuals.
Rule of Law
Authority is subject to the rule of law, and political power must be within the legal framework. This protects individual rights against abuses by the state. Free speech and association are inalienable rights that the state must promote and protect.
Constitution
The constitution is the law regulating the functioning and structure of the rule of law, explicitly stating the individual and collective rights to be protected.
Division of Powers
The mechanism for achieving this is to separate the three types of power:
- Legislative: Makes the laws and controls power.
- Executive: Enforces laws and conducts the state.
- Judicial: Punishes the breaking of laws and ensures the constitutionality of passing laws.
Welfare State
The economic security of citizens is considered the state’s responsibility, including health, free education, and protection in old age.