Tutorials start next week! Make sure you know where you need to be, and when.

From Last Day… 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 resides with the people”, what would this look like? Democratic Elitism Deliberative Democracy Citizens participate indirectly (voting) Citizens participate directly (deliberation) Popular sovereignty, political equality, majority rule, political liberty, minority rights, political competition, rule of law liberty, minority rights, political competition, rule of law

Democratic 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 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 Democracy?

Not only is Democracy a set of ideals…. it is a framework of institutions and procedures for putting these ideals into practice. How do we “design Democracy”??? Different countries have taken different approaches…

Institutional Frameworks I: Constitutions and Rights January 17 th

st/const1982.html onst.txt nfjur/leg/constmex/pdf/constin g.pdf st/const1982.html onst.txt nfjur/leg/constmex/pdf/constin g.pdf

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 2.html 2.html – basic source of national law!

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” Constitution

Constitutions – 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 fundamental because it lays out framework for power relations in country

Relations between different parts of 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 state (horizontal power relations) – cont’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 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 Freedom”

Relations between state and 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 RightCanadaUnited States Fundamental Freedoms Yes Democratic Rights Yes Legal RightsYes Equality RightsYes

Type of RightCanadaUnited States Fundamental Freedoms Yes Democratic Rights Yes Legal RightsYes Equality RightsYes Language Rights YesNo Mobility RightsYesNo

Type of RightCanadaUnited States Fundamental Freedoms Yes Democratic Rights Yes Legal RightsYes Equality RightsYes Language Rights YesNo Mobility RightsYesNo Bear ArmsNoYes PropertyNoYes