Tutorials start next week!Tutorials start next week!

Make sure you know where you need to be, and when.

From Last Day…From Last Day…Democratic Ideals:Democratic Ideals:

political equality

majority rule

popular sovereignty

political liberty (rights and freedoms)

minority rights

political competition

rule of law

How can we put these ideals into practice?

If, in a democracy, “power in some way If, in a democracy, “power in some way resides with the people”, what would this resides with the people”, what would this

look like?look like?

DemocraticElitism

DeliberativeDemocracy

Citizens participateindirectly (voting)

Citizens participatedirectly (deliberation)

Popular sovereignty, political equality, majority rule, political Popular sovereignty, political equality, majority rule, political liberty, minority rights, political competition, rule of law liberty, minority rights, political competition, rule of law

Democratic ElitismDemocratic Elitism

Citizens delegate law-making authority to elected representatives– assumes that direct citizen participation is

unrealistic and undesirable– system is democratic because elites must compete

for votes of citizens

→ indirect

Deliberative DemocracyDeliberative Democracy

Argues that it is not enough for citizens to vote for their representatives– they must have an opportunity to take part in

political debate on issues, help to form consensus

→ direct

How to realize Deliberative How to realize Deliberative Democracy?Democracy?

Not only is Democracy a set of Not only is Democracy a set of ideals…. it is a framework of ideals…. it is a framework of

institutions and procedures for institutions and procedures for putting these ideals into practice.putting these ideals into practice.

How do we “design How do we “design Democracy”???Democracy”???

Different countries have takenDifferent countries have takendifferent approaches…different approaches…

Institutional Frameworks I:Institutional Frameworks I:Constitutions and RightsConstitutions and Rights

January 17th

http://www.canlii.org/en/ca/conhttp://www.canlii.org/en/ca/const/const1982.htmlst/const1982.html

http://www.usconstitution.net/conhttp://www.usconstitution.net/const.txtst.txt

http://www.juridicas.unam.mx/infjhttp://www.juridicas.unam.mx/infjur/leg/constmex/pdf/consting.pdfur/leg/constmex/pdf/consting.pdf

Constitutions...Constitutions...

…are fundamental: they provide body of rules and principles according to which a state is governed– who/what institutions are to carry out major

functions of government (e.g., U.S.)… and how to change these

– basic rights and obligations of citizens http://www.departments.bucknell.edu/russian/const/ch

2.html

– basic source of national law!

Constitutions...Constitutions...Fulfill democratic requirement of rule of law

– Constitutionalism constitution is most fundamental principle of political life

Vary in their approach e.g., U.S. vs. Russian Constitutions

Written vs unwritten (‘uncodified’) e.g., British vs American

Britain’s “Unwritten” ConstitutionBritain’s “Unwritten” Constitution

Constitutions – cont’dConstitutions – cont’d

lay foundation for power relations between:– different parts of state (horizontal power

relations)– different levels of gov’t (vertical power

relations)– government and citizens

A constitution is also A constitution is also fundamentalfundamental because it because it lays out framework for power relations in lays out framework for power relations in

countrycountry

Relations between different parts of Relations between different parts of state (horizontal power relations):state (horizontal power relations):

Different parts of state analyzed under three functional headings– legislative (law-makers)– executive (law implementers)– judicial (law adjudicators)

three “branches” of government

Some democracies concerned that power should be strictly divided among branches– presidential (“separation of power”) system

Relations between different parts of Relations between different parts of state (horizontal power relations) – state (horizontal power relations) –

cont’dcont’d

Other democracies less concerned by concentration of power in one branch– parliamentary (“fusion of power”) system

Judiciary has role in umpiring disputes

Relations between levels of Relations between levels of gov’t (vertical power relations)gov’t (vertical power relations)

Unitary System: central gov’t has power over regional governments

e.g., Britain, France

Federal System: central and regional governments each have power, cannot overrule each other

e.g., Canada, US, Mexico

ETA – “Basque Fatherland and ETA – “Basque Fatherland and Freedom”Freedom”

Relations between state and Relations between state and citizens*citizens*

British tradition: parliament to safeguard rights of citizens, not

courts

vs.

American tradition: set out rights in Bill of Rights, enforced in courts

* political liberty, political equality, minority rights

Type of Right Canada United States

Fundamental Freedoms

Yes Yes

Democratic Rights

Yes Yes

Legal Rights Yes Yes

Equality Rights Yes Yes

Type of Right Canada United States

Fundamental Freedoms

Yes Yes

Democratic Rights

Yes Yes

Legal Rights Yes Yes

Equality Rights Yes Yes

Language Rights

Yes No

Mobility Rights Yes No

Type of Right Canada United States

Fundamental Freedoms

Yes Yes

Democratic Rights

Yes Yes

Legal Rights Yes Yes

Equality Rights Yes Yes

Language Rights

Yes No

Mobility Rights Yes No

Bear Arms No Yes

Property No Yes