Traditional Culture Encyclopedia - Traditional stories - 1. What are the basic elements of Western democracies?
1. What are the basic elements of Western democracies?
1. Overview: what is democracy?
The word democracy is derived from the Greek word "demos", meaning people. In a democracy, the people have supreme sovereignty over legislators and government.
Although there are subtle differences among the world's democracies, democratic governments have specific principles and ways of operating that distinguish them from other forms of government.
Democracies are governments in which power and civic responsibility are exercised by all citizens - either directly or through their freely elected representatives.
Democracy is a set of principles and modes of behavior that protect human freedom; it is the institutionalized expression of freedom.
Democracy is based on the principle of majority decision, respecting both individual and minority rights. All democracies strive to protect the fundamental rights of individuals and minorities while respecting the will of the majority.
Democracies take care that the central government does not have supreme power, that government power is decentralized to the regions and localities, and that local governments are as open and responsive to the people as possible.
Democratic governments know that their primary function is to protect basic human rights such as freedom of speech and religion, the right to equality before the law, and opportunities for people to organize and participate fully in the political, economic, and cultural life of society.
Democracies hold regular, free and fair elections in which all citizens participate. Elections in democracies do not become window dressing for dictators or single political parties, but are genuine contests for the support of the people.
Democracy allows governments to follow the rule of law, ensuring that all citizens have equal protection of the law and that their rights are protected by the judicial system.
Democratic institutions are diverse, reflecting the individual characteristics of political, social and cultural life in each country. It is the basic principles of democracy that determine its institutions, not a particular form.
In democracies, citizens not only have rights but also the responsibility to participate in the political system through which their rights and freedoms are protected.
Democracies embrace the values of tolerance, cooperation and compromise. Democracies recognize that reaching *** understanding requires compromise and often fails to reach *** understanding. In the words of Mahatma Gandhi, "Intolerance is itself a form of violence and an obstacle to the development of a true democratic spirit."
2. Majority Decision and Minority Rights
On the face of it, the principles of majority decision and the protection of individual and minority rights may seem to contradict each other. But in reality, they are a pair of foundational pillars that underpin what we call a democracy.
The principle of majority decision is one way of organizing government and deciding public ****ing affairs, not another way that leads to repression. Just as no self-appointed group has the right to oppress others, the majority, even in a democracy, should not deprive minorities or individuals of their basic rights and freedoms.
Minorities - whether by ethnic background, religious belief, geographic location or income level, or simply as a result of losing elections or political forums - are guaranteed basic human rights, which may not be denied by any government or any majority, whether they are elected or not.
Minorities need to trust the government to protect their rights and characteristics. Once this trust is in place, these groups will be able to participate in and contribute to the functioning of democratic institutions in their countries.
Fundamental human rights that must be protected by any democratic government include freedom of speech and expression, freedom of religion and belief, due process and equal protection of the law, and the freedom to organize, to speak publicly, to express dissent, and to participate fully in the public life of the community***.
The Democratic Government recognizes that one of its first tasks is to protect the rights of minorities to preserve their cultural identity, social customs, individual conscience and religious practices.
One of the greatest challenges a democratic government may face is accepting ethnic and cultural groups that are alien to them, if not seen as odd by the majority. But democratic governments recognize that diversity can turn out to be a great asset. Democracies see these differences in identity, culture and values as a challenge that can lead to becoming stronger and more fulfilled; not a threat.
There is no single answer to the question of how to resolve the divisions brought about by minority perspectives and values; all that can be said with certainty is that it is only through a democratic process of tolerance, dialogue and a willingness to compromise that free societies can arrive at a *** understanding that puts into practice the twin principles of majority decision and minority rights.
3. The relationship between civilian government and the military
Issues of war and peace are extremely serious for any country, and in times of crisis many countries turn to military leadership.
But this is not the case in democracies.
In democracies, peace and war or other issues that threaten the security of the nation are the most important issues facing society and must be decided by the people through their elected representatives. The military in a democracy serves the country, not leads it. Military leaders act as advisors to the elected leaders and implement their decisions. Only those leaders elected by the people have the right and responsibility to decide the fate of the nation.
Thus, the concept of civilian rule over the military and civilian power over military power is fundamental to democracy.
Civilians are needed to command the nation's military and to be responsible for defense decisions not because they are necessarily wiser than professional soldiers, but because they are the representatives of the people; and as the representatives of the people, they have the responsibility to make those decisions and to be held accountable for them.
The army of a democracy exists for the defense of the country and the freedom of the people. It does not represent or support any one political viewpoint or any one ethnic or social group. It is faithful to the larger philosophy of the state and to the rule of law and democratic principles themselves.
Civilian command of the military ensures that the nation's value system, institutions and policies are freely chosen by the people, not the will of the military. The purpose of the military is to defend society, not to shape it.
Any democratic government values the expertise and advice of professional soldiers in making decisions about national security and defense. Civilian officials rely on the military's connoisseur advice in these matters and on the military to carry out the government's decisions. But final decisions can only be made by elected civilian leaders and subsequently implemented by the military within their areas of responsibility.
Of course, members of the military community can participate fully and equally in the political life of the country like any other citizen - but only as voters, in their individual capacities. Military personnel must be retired from service before entering politics; the military must always be kept separate from politics. The military is a neutral servant of the state and a protector of society.
In the final analysis, civilian command of the military ensures that basic democratic values - majority decision-making, minority rights, and freedom of speech, religion, and due process of law - are not lost in matters of national defense and national security. It is the responsibility of all political leaders to enforce civilian control of the military and to enable the military to fulfill its duty to obey the lawful orders of the civilian government.
4. Political Parties
In order to preserve and defend individual rights and liberties, people in a democracy must ****together to form their own government. Political parties are the primary means by which this is done.
Political parties are voluntary organizations that link the people to the government. Political parties select candidates to run for office, campaign for their election, and mobilize people to participate in the election of government leaders.
The majority party (or the party that wins the election) seeks to establish a range of policies and programs through legislation. Opposition parties are free to criticize the majority party's policy views and to propose their own programs.
Parties provide a way for citizens to hold elected party officials accountable for their performance.
Democratic parties believe so strongly in democratic principles that they recognize and respect the authority of the elected government, even when their leaders are not in power.
As in any democracy, the composition of the membership of political parties reflects the different contexts in which they have developed. Some parties are small and centered on a set of political beliefs. Other parties are organized on the basis of the same economic interests or backgrounds. Still other parties are loose coalitions of diverse citizens who may only come together during elections.
All democratic parties, whether small or large national parties, are based on the principles of compromise and tolerance. They know that it is only through broad alliances and cooperation with other parties and organizations that they can develop the leadership and **** the same goals that win the support of the nation.
Democrats recognize that political views are dynamic and changeable and that *** knowledge can often emerge from a peaceful, free, and open encounter of ideas and values.
Loyal opposition is an important concept in all democracies. It means that all parties in a political debate - no matter how y they disagree - espouse basic democratic values such as freedom of speech and belief and equal protection of the law. The party that loses the election enters the role of opposition party - confident that this political system will continue to protect their freedom of organization and expression. After a period of time, opposition parties have the opportunity to run again in order to promote their ideas and win the votes of the people.
In a democracy, the struggle between political parties is not a fight for survival; it is a competition to serve the people.
5. Civic Responsibility
Democratic governments, unlike authoritarian regimes, exist to serve the people; but citizens in democracies must also agree to abide by the rules and obligations that govern citizenship. Democracies give their citizens many freedoms, including the freedom to disagree with or criticize the government.
Being a citizen of a democracy requires participation, reason, and patience.
Citizens of a democracy know that they have not only rights but also responsibilities. They recognize that democracy requires an investment of time and hard work - a government of the people requires the constant attention and support of the people.
In some democracies, civic participation means that citizens are required to serve on juries, or to do compulsory military or national service for a period of time. Among other obligations that are practiced in all democracies and that fall squarely within the duties of citizenship, respect for the law is at the top of the list. Paying one's share of taxes, accepting the leadership of an elected government, and respecting the rights of those who hold different views are also part of the duties of citizenship.
Citizens in a democracy know that they must take responsibility for society if they are to benefit from its protection of their rights.
There is a saying in a free society that what you are, your government is. For democracy to succeed, citizens must be proactive rather than reactive, because they know that the success or failure of their government depends on them and that they are responsible for it. Likewise, government officials understand that all citizens should be treated equally and that bribery is not tolerated in a democratic government.
In a democracy, people who are dissatisfied with their leaders can organize and peacefully demand change, or they can vote those leaders out of office in regular elections.
For a democracy to remain healthy, the occasional referendum is not enough. It requires the regular interest, time and commitment of large numbers of citizens. In turn, citizens rely on their government to protect their rights and freedoms.
Citizens in democracies join political parties and campaign for their preferred candidates. They accept that their party cannot stay in power forever.
°They can run for office or be appointed to office for a period of time.
° They use the freedom of the press to express their views on local and national issues.
°They join labor unions, societies, and business associations.
°They join private voluntary organizations that share their interests - whether they relate to religion, national culture, academic research, sports, art, literature, settlement development, international student exchanges, or hundreds of other diverse activities.
° All of these groups - no matter how related or unrelated to government - contribute to the prosperity and health of their democracies.
6. Freedom of the Press
In a democracy, the news media are supposed to operate free from government control. There is no department within a democratic government that regulates the content of newspapers or regulates the activities of journalists; there are no rules requiring journalists to submit to state censorship; and journalists are not forced to join government-controlled labor unions.
A free press informs the public, holds leaders accountable, and serves as a forum for debate on local and national issues.
Democracies foster free media. An independent judiciary, a civil society practicing the rule of law, and freedom of expression are all conducive to upholding a free press. Freedom of the press must be protected by law.
In democracies, governments are accountable for their actions. As a result, citizens expect to be informed about government decisions for the people. The press, as a tool for monitoring government, promotes the use of this "right to know" to help citizens hold their government accountable and challenge its policies. Democratic governments enable journalists to attend government meetings and obtain official documents, and do not place pre-emptive restrictions on what they can report or publish.
The news media themselves must act responsibly. Through trade associations, independent press councils, and internal "ombudsmen" specializing in public complaints, the media respond to complaints about their excesses and are held internally accountable.
Democracy requires the public to make choices and decisions. For the news media to be credible, journalists must provide truthful reporting based on reliable sources and information. Plagiarism and misrepresentation are detrimental to a free press.
News organizations should establish their own editorial boards, free from government control, to distinguish between gathering and disseminating news and commentary.
Journalists should not be swayed by public opinion, but should strive for the truth and get as close to it as possible. Democracies enable the news media to engage in information-gathering and reporting with neither fear nor favoritism of the government.
Democracies create a constant battle between two rights: the government's responsibility to protect national security and the people's right to know, which depends on the ability of journalists to obtain information. Governments sometimes need to impose restrictions on information that is deemed too sensitive to publicize. However, in a democracy, journalists have full rights to pursue such information.
7. Federalism
When free people of different ethnic groups with different languages, religious beliefs, or cultural norms are willing to live together under a recognized constitutional system***, they expect to enjoy some degree of local autonomy and equal opportunities for economic and social development. In a federal system of government with decentralized local, regional and national government, elected officials are responsible for developing and implementing policies that respond to local and regional needs. Local and regional governments work with the national government, and with each other as well,**** to solve many of the problems facing the nation.
Federalism is a freely elected system in which power and decision-making are shared between two or more governments responsible for governing the same population group and the same region. Federalism gives decision-making power not only to the government at the top, but also to the local communities directly affected by the decisions, and protects that power.
Federalism allows local governments to make and enforce laws, thus making them accountable to the people and encouraging citizen participation and civic responsibility.
Federalism is solidified by a written constitution that sets out the division of powers and responsibilities between the various levels of government.
It is generally recognized that local governments should serve localities, while some matters are best handled by the national government. Examples often cited in this regard are national defense, international treaties, the federal budget, and the postal service.
Local ordinances reflect the wishes of the local community: police and fire patrols, school administration, local health care and building regulations are often set and administered locally.
Intergovernmental relations mean that all levels of government in a federal state (national, regional, and local) will **** work together when issues of statutory necessity need to be resolved through cooperation. National governments often have the power to mediate interregional disputes.
In countries with large territories and diverse economies, regional disparities in income and social welfare can be adjusted through the national government's tax redistribution policy.
Federalism is responsive and inclusive. Citizens are free to run for office at all levels of government - local and regional governments give people the most positions and perhaps the greatest opportunities to make an impact in their own communities.
Federalism offers political parties multiple opportunities to serve their constituents. Even if a party does not have a majority in the national legislature or executive, it can still participate in legislation and administration at the regional and local level.
8. The Rule of Law
For much of human history, the ruler and the law have been synonymous - the law is the will of the ruler. The first step away from such tyranny is rule by law, which includes the idea that rulers are also subject to the law and should govern according to it. Democracy goes one step further by establishing the rule of law. While no society or system of government can be perfect, the rule of law protects fundamental political, social and economic rights and reminds people that they are not left with a choice between authoritarianism and lawlessness.
The rule of law means that no one, neither the president nor ordinary citizens, is above the law. A democratic government governs by legal means and is itself bound by the law.
Laws should express the will of the people, not the whims of kings, dictators, military chiefs, religious leaders, or self-appointed ruling parties.
Citizens in a democracy are thus willing to obey the laws of their society because they are obeying rules they themselves have made. Justice is best carried out only when the people make the laws they must obey.
In a society governed by the rule of law, a strong, independent court system should have the power, authority, means, and prestige to make government officials, even top leaders, obey the law.
To this end, judges should be well-trained, professional, independent and impartial. Judges must be committed to the principles of democracy in order to fulfill their necessary role in the legal and political system.
Laws in a democracy may be based on many sources: written constitutions, statutes and regulations, religious ethics, cultural traditions and customs. Wherever they originate, laws should contain provisions to protect the rights and freedoms of citizens:
°Everyone is equal before the law, and the law cannot be applied only to one person or group.
°Citizens must be protected from arbitrary arrest, unreasonable searches of their homes or confiscation of their property.
°Citizens accused of a crime have the right to a prompt and public hearing and the opportunity to confront and question their accusers. If found guilty, they may not be subjected to torture or extraordinary punishment.
°Citizens may not be compelled to testify against themselves. This principle protects citizens from coercion, ill-treatment or torture and greatly reduces the tendency of the police to resort to these means.
9. Human Rights
All human beings have inherent rights. These rights give people the ability to pursue a life of dignity - and as such they are not a gift from any government, but should be protected by all governments. Freedom based on justice, tolerance, dignity and respect - regardless of ethnicity, religion, political affiliation or social status - enables people to pursue these fundamental rights. Dictatorships deny human rights, while free societies constantly strive for them.
The rights of human beings are interdependent and indivisible; they exist in all aspects of life, social, political and economic. The most widely accepted of these is that all people should have the right to form their own opinions and the right to express those opinions alone or in peaceful assembly. A free society creates a "free marketplace of ideas" in which people can exchange opinions on a wide range of issues.
All people should have the right to participate in government. Governments should make laws that protect human rights, and the justice system should make these laws work equally for all people.
Freedom from arbitrary arrest, detention and torture is a fundamental human right - even for opponents of the ruling party, ethnic minorities, and even criminal offenders. A professional police force respects all citizens in enforcing the laws of the land.
In a multi-ethnic country, religious and ethnic minorities should be free to use their own language and preserve their traditions without fear of censure from the majority. Governments should recognize the rights of minorities while respecting the wishes of the majority.
All people should have the opportunity to work, earn a living and support their families.
Children should have special protection. They should receive at least primary education, proper nutrition and health care.
To uphold human rights, citizens of any free society need to be vigilant. The responsibility of citizens - through participation in various activities - will ensure that the government remains accountable to the people. The League of Free Nations is determined to work for the protection of human rights, and has formalized this determination in the form of numerous international treaties and conventions on human rights.
10. Executive Power
Leaders of democratic governments govern with the consent of their citizens. These leaders derive their great power not from control of thousands of troops or economic wealth, but from respect for the limits established for them by the voters who participate in free and fair elections.
Through free elections, citizens in a democracy give their leaders the power that the law provides. Constitutional democracies have a separation of powers - the legislature makes the laws, the executive carries out the laws, and the judiciary operates independently.
Leaders in a democratic government are neither elected dictators nor "presidents for life". They serve fixed terms and accept the results of free elections, even if it means losing power.
In a constitutional democracy, executive power is usually limited in three ways: by a system of checks and balances that separates the executive, legislative, and judicial powers of the national government; by a system of federalism that divides power between the federal government and the state/local governments; and by fundamental rights enshrined in the Constitution.
The executive branch of the national government is limited by the constitutional authority vested in the legislature and by an independent judicial system.
In modern democracies, executive power is generally organized in two forms: parliamentary or presidential.
°In a parliamentary system, the majority party in the legislature forms the government, headed by the prime minister.
°In a parliamentary system, the legislature and the executive are not distinctly separate, since the prime minister and the members of the cabinet are drawn from the parliament. In this system, political opposition is the main means of limiting or restraining the executive.
°Under a presidential system, the president is elected in an election separate from the election of members of parliament.
°In a presidential system, the president and the legislature have their own power bases and political camps, which act as checks and balances on each other.
°Democracy only imposes restrictions on the government without overriding it. Thus, in a democracy, the process of reaching ****cognizance on national issues may be slow; but once ****cognizance is reached, the leaders of the government are able to enjoy a great deal of authority and confidence to act.
Government leaders in constitutional democracies act within the limits of their authority, which is defined and limited by law, from the beginning to the end.
11. Legislative Power
In a democracy, the duty of elected representatives - whether they are members of Parliament, the Legislative Assembly, or Congress - is to serve the people. They have several key roles in the healthy functioning of a democracy.
Elected legislatures are the primary forums for deliberation, debate, and approval of legal matters in a democratic system of representation. They are not "rubber stamps" that echo the decisions of authoritarian leaders.
Oversight and investigative powers enable legislators to openly question the actions and decisions of government officials and serve to limit the power of the branches of government - especially in presidential systems where legislative power is separated from executive power.
Legislative representatives have the power to approve the state budget, hold hearings on pressing issues, and confirm executive appointments to courts and ministries. In some democracies, the Legislative Council is a forum for public deliberation by legislative representatives on issues of national significance.
Legislative representatives can support the government in power or be the real political opposition, proposing policies and programs that differ from the claims of the ruling party.
Legislative representatives have a responsibility to articulate their views in the strongest possible way. But they must abide by the democratic ethics of tolerance, respect, and compromise for the sake of *** knowledge so that the final result will be favorable to the overall well-being of all the people, not just the interests of their political supporters. Each legislative representative must decide for himself or herself how to balance the well-being of the entire population with the needs of his or her local constituents.
Legislative representatives often hold sympathetic hearings to listen to their constituents and the issues they raise, and to assist them in obtaining help from the vast machinery of government. Legislative representatives usually have a well-trained workforce for this purpose.
There are usually two ways to elect national legislative representatives. In elections using the simple majority system, also known as "first past the post", the candidate with the most votes is elected. In proportional representation elections, which are commonly used in parliamentary elections, voters tend to vote for political parties rather than individuals, and representatives are elected on the basis of each party's share of the vote.
Proportional representation favors multiple, well-organized, smaller parties. Simple majority systems favor looser, two-party systems. But legislative representatives in both systems engage in the practices of debate, negotiation, alliance, and compromise that are the hallmarks of a democratic legislature.
Legislatures are usually bicameral, and new legislation must generally be approved by both the upper and lower houses.
12. Judicial Independence
Independent, professional judges are the basis for making the court system - that is, the judicial system - fair, impartial, and constitutionally guaranteed. This independence does not mean that judges can make decisions based on personal advocacy, but rather it shows that they are free to rule according to the law - even if their decisions go against the wishes of the government or the powerful group involved in the case.
In a democracy, judges are free from political pressure from elected officials and legislators, which makes their impartiality secure. Judicial decisions should be impartial, based on the truth of the facts, legal grounds, judicial arguments and the relevant laws, without any restrictions or undue influence from the parties concerned. These principles ensure equal protection of the law for all.
Judges have the power to review public laws and declare a public law to be in violation of the state constitution. This is an important mechanism for preventing abuse of power by governments - even those elected by a majority of the people. But this power requires that the courts be independent and have the ability to make decisions based on the law, not politics.
Judges, whether elected or appointed, must enjoy the stability of a legally protected position or enjoy tenure so that they can make decisions without fear of possible pressure or attack from those in power. Civil society recognizes the importance of professional judges and therefore provides them with adequate training and salaries.
The authority and legitimacy of the court system derives largely from the trust placed in its impartiality, that is, it is seen as a "non-political" branch of government.
But national courts, like other institutions, are not immune to public comment, scrutiny and criticism. Freedom of speech is available to all, including judges and those who criticize them.
To ensure that judges are impartial, the ethics of the judicial system require them to withdraw, or recuse themselves, from hearing cases in which they have a conflict of interest.
In a democracy, judges cannot be dismissed for frivolous complaints or political criticism. They can only be removed for serious crimes or offenses through lengthy and complex impeachment (filing of charges) and trial proceedings conducted by the legislature or a special tribunal.
An independent judiciary gives the people confidence that the decisions of the courts are based on the laws of the land and the Constitution, and are not subject to the vagaries of political winds or the pressures of a momentary majority. This independence makes the judicial system in a democracy a guarantee of the rights and freedoms of the people.
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