Constitutional law

Constitutional law

MODELS OF DEMOCRACY Faculty Of Law- Constitutional Law MODELS OF DEMOCRACY: MAJORITARIAN VS. CONSENSUAL The two models of democracy described below make clear that there are various ways to set up a democracy in a constitution. Different societies at different times have different needs, expectations and values. The following

models show how institutional arrangements are linked to the broader social structure. Faculty Of Law- Constitutional Law MAJORITARIAN DEMOCRACY In a majoritarian democracy, decisions are generally taken by the majority while the minority has to yield. The majoritarian democracy usually corresponds to an electoral system based upon the majority principle and

relies on a two party system. This form of democracy is only desirable, where the fundamental values, principles and assumptions about what a society stands for are not contested. Faculty Of Law- Constitutional Law MAJORITARIAN DEMOCRACY .. Only in such a situation, can the minority accept the decisions of a majority, because it knows that it is not threatened in its fundamental beliefs (which it shares with

the majority). Moreover, the minority always has the chance to become the majority at a later stage. This system is based on a high degree of social cohesion and homogeneity as to race, religion, languages, or cultures. An example for a functioning majoritarian democracy is the united kingdom. Faculty Of Law- Constitutional Law CONSENSUAL DEMOCRACY Where society is more heterogeneous and composed of

antagonistic groups such as clans, ethnicities, religions, etc., It is more appropriate that a consensual system of democracy be developed. In such a society decisions are more likely to be accepted if they are reached by way of compromise between most groups. To include the different groups of society such systems often have a multi party system. Faculty Of Law- Constitutional Law CONSENSUAL DEMOCRACY..

Their election law is based on proportional representation. In a consensual democracy, political questions are often taken out of the merely political sphere of party politics and majority rule and handed over to expert institutions, like courts, independent commissions or a central bank instead. This helps to keep contentious questions out of the daily political debate. Such a system is often found in decentralized or federal states, for example in Switzerland. Faculty Of Law- Constitutional Law

PROTECTION OF THE CONSTITUTION Constitutional review: 1. Incidental or specific review 2. Abstract review 3. Preliminary or preventive review NON AMENDABLE PROVISIONS IN THE CONSTITUTION Faculty Of Law- Constitutional Law

PROCEDURAL SAFEGUARDS FOR AMENDMENTS OF THE CONSTITUTION 1. The independent review commission 2. Parliament (two houses) 3. Referendum Faculty Of Law- Constitutional Law

QUESTIONS????????? COMMENTS Faculty Of Law- Constitutional Law

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