Constitutional democracy is a system of government in which--
Political authority (i.e., the power of government) is de-
fined, limited, and distributed by LAW--defined, limited,
and distributed by a body of FUNDAMENTAL LAW called "THE
CONSTITUTION";
The general voting populace within the society (the voters,
the electorate) has effective means of doing the following:
Controlling their elected representatives in the gov-
ernment;
Holding them accountable (answerable, responsible)
for their decisions and actions while in office.
CONSTITUTIONAL DEMOCRACY--TWO ESSENTIAL INGREDIENTS:
Constitutional democracy has two essential ingredients-- (1) a constitutional ingredient and (2) a democratic ingredient.
1. THE CONSTITUTIONAL INGREDIENT:
CONSTITUTIONALISM (CONSTITUTIONAL GOVERNMENT):
The government's authority is defined, limited, and
distributed by the Constitution.
2. THE DEMOCRATIC INGREDIENT:
REPRESENTATIVE DEMOCRACY:
The voters have effective means of--
Controlling elected officeholders in the gov-
ernment;
Holding them accountable for their official de-
cisions and actions.
A constitution is the body of law that is the basic, or fundamental, law of a politically organized society. The Constitution is the supreme law of the political society (political community).
The Constitution is higher than and takes precedence over all other laws of the society, or community. All other laws, to be valid and enforceable, must be in accord with the higher and superior law of the Constitution. An official decision or action of any governmental institution or office, to be upheld as constitutional, must be in harmony with the Constitution--the supreme law of the land.
In short, the legislature, the executive, and the courts must follow the Constitution.
FUNCTIONS OF A CONSTITUTION:
A constitution--
(1) Defines the powers of government;
(2) Specifies the major offices and institutions of gov-
ernment and how each is to be filled;
(3) Specifies the authority each major office or institu-
tion of government is to exercise;
(4) Sets the limits of governmental authority.
CONSTITUTIONAL SYSTEM--A DEFINITION:
"Constitutional system" refers to the formal power relationships existing among the principal organs, or institutions, of a government that operates under and in accord with a constitution.
The formal power relationships among the principal organs of government result from the constitutional division and distribution of political authority among them.
In the American constitutional system, for example, such constitutional power relationships exist--
Between the national government and the fifty states;
In the national government, among the Presidency, the U.S.
Senate, the US House of Representatives, and the Federal
Courts.
Enforcement of Clearly Recognized and Regularly Applied Limits on Governmental Power:
Constitutionalism is a system of government which enforces
clearly recognized and regularly applied limits on the pow-
ers of those who govern society.
True constitutionalism is LIMITED GOVERNMENT--limited gov-
ernment under a constitution.
A constitutional government is one whose powers are effec-
tively limited by law.
Government Conducted in Accordance with and within the Limits Set by the Constitution:
Constitutionalism is government conducted in accordance
with and within the limits set by the Constitution.
The government must operate in accord with the pro-
visions of the Constitution.
The government must not exceed the authority granted
to it by the Constitution.
THE CENTRAL PURPOSE OF CONSTITUTIONALISM:
The central purpose of constitutionalism is to limit governmental power--to check and restrain the persons who hold public office and exercise political authority.
The Constitution may limit the power of government in two different ways:
(1) Specification of PROCEDURES and PROHIBITIONS that the
government is required to observe;
(2) Provision for BALANCED GOVERNMENT--a system of divided
and balanced political authority.
CONSTITUTIONAL SPECIFICATION OF PROCEDURES AND PROHIBITIONS:
PROCEDURES:
The Constitution prescribes certain procedures the
government must follow in making and enforcing deci-
sions.
This limits the alternative ways in which the govern-
may exercise its formal-legal powers (political au-
thority).
To limit the alternatives of government is to limit
its discretionary authority.
PROHIBITIONS:
The Constitution specifies certain decisions and
actions that the government is prohibited from tak-
ing--things the government may not do at all.
BALANCED GOVERNMENT--CONSTITUTIONAL PROVISION FOR A SYSTEM OF DIVIDED AND BALANCED POLITICAL AUTHORITY:
The Constitution limits the power of government by dividing
political authority and distributing it among several sepa-
rate and largely independent organs, or institutions, of
government.
Political authority is allocated in such manner as to en-
sure that the principal organs of government will--
Oppose, counteract, and thwart each other;
Check and restrain one another;
Maintain within the government a balance, or equilib-
rium political power among its major parts.
THE OBJECTIVE: To prevent concentration of political power
in a single power center. The objective is to--
Prevent any one organ, or institution, of government
from dominating the entire government and all its
parts;
Thereby make it impossible or extremely difficult for
any one person, faction, or group within society
(whether supported by a majority or a minority) to--
Dominate the entire governmental system;
Use that position of political dominance to
accumulate and exercise unlimited power over
the society and its members.
A society's constitution may limit governmental power by
either method:
Specification of governmental procedures and prohibi-
tions;
Or
Provision for a system of balanced government.
Under the Constitution of the United States, both methods
are employed to limit political authority.
Authoritarianism (dictatorship, or absolutism) is the opposite of constitutionalism.
In an authoritarian, or dictatorial, system of government--
Political power is concentrated in a single power center;
The power of government is not limited by law or custom.
The government exercises UNBRIDELED political power.
The power of government is ABSOLUTE (i.e., unlim-
ited).
There is a total or near-total absence of checks and
restraints on the exercise of political power.
Such unchecked and unrestrained political power may be in the hands of--
One person (AUTOCRACY);
A small, closely-knit group of persons (AUTHORITARIAN
OLIGARCHY);
A majority of the voters or their elected representatives
in the government (ABSOLUTE DEMOCRACY, or MAJORITARIAN
DICTATORSHIP).
[Absolute democracy, or majoritarian dictatorship, is
what the Framers of the U.S. Constitution called
"SIMPLE, UNCHECKED DEMOCRACY" and "TYRANNY OF THE
MAJORITY."]
AUTHORITARIANISM AND CONSTITUTIONALISM:
Dictatorship, or authoritarianism, is characterized by the government's exercise of unlimited power.
Constitutionalism is characterized by limited government under a constitution. The Constitution effectively imposes limits, or restraints on governmental power.
Representative democracy is a system of government in which those who possess and exercise political authority--those who have and wield the authority to make and carry out the official decisions of government--acquire and retain this authority directly or indirectly as the result of winning free elections in which the great majority of the adult citizens are allowed to vote.
Representative democracy, in other words, is government carried on by elected representatives--government carried on by government officeholders elected directly or indirectly by the voters.
WHEN A GOVERNMENT IS TRULY DEMOCRATIC:
Whether or not a government is truly democratic turns on the answers to two very important questions:
(1) WHO HOLDS AND EXERCISES POLITICAL AUTHORITY?
[In a genuine representative democracy:
ELECTED REPRESENTATIVES.]
(2) HOW IS POLITICAL AUTHORITY OBTAINED AND RETAINED?
[In a genuine representative democracy:
By WINNING ELECTIONS.]
MODERN DEMOCRATIC GOVERNMENT AND "GOVERNMENT BY THE MANY":
Modern democracy (i.e., representative democracy) is often defined as "government by the many," or "government by the people."
But this is not really true. The notion that the greater part of society--the "many" within society, or the people at large--governs the political community is wrong.
Political authority--the right to govern society--is exercised by those who occupy govern- ment office. And those government officeholders constitute a very small minority of the total adult population.
However, major officeholders in the government--in the U.S.A., for example, the chief executive and the members of the legislature--
Must face PERIODIC ELECTION;
Are thereby made ACCOUNTABLE TO THE VOTERS for their deci-
sions and actions while in office.
REPRESENTATIVE DEMOCRACY AND THE ABILITY OF THE VOTERS TO CONTROL THEIR ELECTED REPRESENTATIVES AND HOLD THEM ACCOUNTABLE:
In a representative democracy, elections are held at regular and comparatively short intervals.
Incumbent holders of elective office, in order to retain their positions of political authority, must regularly and frequently run for and win reelection.
When the incumbents go before the voters in their bid for reelection, the voters are in a position to judge--
Their elected representatives;
The representatives' decisions and actions while in office.
If satisfied with with the decisions and actions of the incumbent officeholders, the voters can reelect them. If dissatisfied, the voters can deny them reelection, voting them out of office.
Thus, the voters are provided with effective means of--
Controlling their elected representatives;
Holding them responsible for their decisions and actions
while in office.
[The voters have ULTIMATE control over their elected
representatives, not day to day control.]
EXAMPLES OF REPRESENTATIVE DEMOCRACY:
Examples of representative democracy include ALL constitutional democracies in the world today, at the national level.
In the U.S.A., the fifty states and most local governments--as well as the national government--are representative democracies.
REMINDER:
Modern constitutional democracy has two essential ingredients:
(1) The CONSTITUTIONAL ingredient (constitutionalism,
or constitutional government);
(2) The DEMOCRATIC ingredient (representative democracy).
The constitutional ingredient of constitutional democracy relates to how political authority is defined, distributed, and limited by law.
Under constitutionalism, the basic law of the Constitution--
Defines and limits the power of government;
Determines the degree and manner of distribution of author-
ity among the major organs or parts of the government.
The democratic ingredient of constitutional democracy relates to--
(1) Who holds and exercises political authority;
(2) How political authority is acquired and retained.
WHO HOLDS AND EXERCISES POLITICAL AUTHORITY:
In a representative democracy, political authority is held and exercised--
Not by the whole body of adult citizens;
But rather, by a smaller body of adult citizens elected
by the others--
To hold the major offices in the government;
To represent (act in behalf of) the voters in gov-
erning the community.
HOW POLITICAL AUTHORITY IS ACQUIRED AND RETAINED:
In a representative democracy, political authority is acquired and retained by winning elections.
In a direct democracy, the whole body of adult citizens governs the society or community.
TWO MAJOR TYPES OF DIRECT DEMOCRACY:
There have been two major types of direct democracy:
(1) Government by mass legislature;
(2) Government by national plebiscite.
GOVERNMENT BY MASS LEGISLATURE:
In this type of direct democracy, all adult citizens--
Are members of the legislature, or lawmaking assembly;
Have the right to participate in the making of laws.
Periodically, a mass meeting, or assembly, of qualified adult citizens is held at a central point in the political community.
This mass assembly--
(1) Passes laws for the community;
(2) Levies taxes;
(3) Appropriates money from the public treasury;
(4) Provides for the enforcement of its laws and other
public policies.
All qualified adult citizens of the community have the right to--
Attend sessions of this mass legislative assembly;
Speak, make and vote on motions, and vote on proposed leg-
islation, including taxes and appropriations.
Examples of Government by Mass Legislature:
1. The City-States of Ancient Greece, Particularly Athens:
In Athens, the mass legislature was called the ECCLESIA.
All adult male citizens of Athens had the right to--
Attend sessions of the Ecclesia;
Actively participate in the lawmaking process carried
on by the Ecclesia.
2. An American Example--The New England Town Meetings:
In the New England states today, the town meeting type of
direct democracy still operates at the local level in the
more rural towns, with very small populations.
In each of these towns, local legislation (including taxes
and appropriations) is enacted by its Town Meeting--a mass
legislative assembly of the Town's legal residents who are
legally qualified to vote in state elections.
The town-meeting type of direct democracy was the prevail-
ing form of local government in New England during the
colonial period and throughout the greater part of Ameri-
can history after achievement of independence from Great
Britain.
In the New England towns that have become highly urbanized,
with large populations, it has been necessary to shift from
direct democracy to representative democracy.
GOVERNMENT BY NATIONAL PLEBISCITE (REFERENDUM)--AN ALTERNATIVE TYPE OF DIRECT DEMOCRACY:
In this type of direct democracy, the adult citizens have the right to vote in meaningful elections that--
Are held regularly;
Enable the adult citizenry at large to vote on proposed
legislation.
The voters are given the opportunity to--
Vote on major public-policy proposals;
Determine whether the policy proposals will become law.
Example of Government by National Plebiscite:
France under the rule of Napoleon III (Louis Napoleon
Bonaparte)--1852-1870.
Examples of Legislation by Direct Popular Vote in the U.S.A.:
In many states and localities in the U.S.A., the referendum
is employed to some extent to make decisions on state and
local legislation.
But most state and local laws are enacted by state and
local legislatures composed of elected representatives.
In other words, democratic government at the state and lo-
cal level in the U.S.A. is largely REPRESENTATIVE in char-
acter. American state and local government is largely rep-
resentative democracy, rather than direct democracy--repre-
sentative democracy with certain concessions to direct de-
mocracy.
HOW DIRECT DEMOCRACY AND REPRESENTATIVE DEMOCRACY DIFFER:
DIRECT DEMOCRACY:
Laws are enacted either by--
A mass assembly consisting of the adult citizenry as a
whole;
OR
The voters voting in an election--a plebiscite, or referen-
dum.
REPRESENTATIVE DEMOCRACY:
The general voting populace elects a smaller body of representatives who--
Constitute the legislature;
Make law for and in the name of the entire political com-
munity.