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Democracy

Democracy is not only a system of government but more importantly it is a culture, a way of life and
mentality. Ancient Greece, fifth century BCE Athens to be more precise, was the cradle of the
political concept of what we call 'democracy'. As we understand it in our present era, democracy is a
form of government whose authority is derived from the people that vote for it in a general election
either directly (such as in a referendum) or indirectly (representative democracy) by means of voting
for and electing representatives called 'members of parliament' (MPs).

‘’My conviction is that democracy has no theory. It has only a theorem, that is, a proposition that is
generally accepted and which can be stated in a single sentence. Here is the theorem of democracy:
for a free mankind, it is the best that the people should be sovereign, and this popular sovereignty
implies political and social equality.’

Although the United Nations charter does not include the word “democracy”, the opening words of
the charter, “we the peoples”, reflect the fundamental principle of democracy, that the will of the
people is the source of legitimacy of sovereign states and therefore of the United Nations as a
whole.

Democracy according to the United Nations. The UN does not advocate for a specific model of
government but promotes democratic governance as a set of values and principles that should be
followed for greater participation, equality, security and human development.

Democracy provides an environment that respects human rights and fundamental freedoms, and in
which the freely expressed will of people is exercised. Women and men have equal rights, and all
people are free from discrimination.

In 2015, world leaders committed in the 2030 agenda for sustainable development to a world in
which “democracy, good governance and the rule of law as well as an enabling environment at
national and international levels, are essential for sustainable development”.

“Many forms of government have been tried and will be tried in this world of sin and woe. No one
pretends that democracy is perfect or all wise. Indeed, it has been said that democracy is the worst
form of government, except for all the others that have been tried from time to time."

Democratic values are those social and political principles of action of the state and citizens that
sustain society and democracy as a political system of government. These are necessary for societies
governed under democratic models to be stable and successful at the political and social level.

There are various democratic values, but not all are equally important. The two basic democratic
values associated with popular sovereignty that characterize modern democracies are: equality and
freedom.

Equality

Equality is one value that guarantees that all people living under the same state enjoy the same
value. This means that all citizens have the same rights and obligations, without discrimination.

The principle of equality guarantees that the state and political authorities do not favour or harm
any person or group. Democratic systems should protect people's rights regardless of their sex,
religion, skin colour or social status.

It is in this sense that we speak of equality before the law. This means that the application of the law
is equally for everybody.
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The United Nations expressed in article 7 of the universal declaration of human rights, that
"everyone is equal before the law and has, without distinction, the right to equal protection before
the law." many countries have this value reflected in their constitutions.

Nevertheless, in many countries’ equality does not exist at a practical level. Unfortunately, this value
is a principle that is reflected in international treaties and in national constitutions. Unfortunately, it
is more a pure diplomatic formalism rather than a universally genuinely practiced belief.

Freedom

Freedom is a value that is fundamental to the functioning of any democratic model. This is because
in democracies, power resides in the people. Hence, freedom is the one component that empowers
the people to govern themselves by electing those who should represent them in order to legislate
in their name and govern over them.

Most democracies are representative, meaning, that the people delegate (i.e., empower)
government to a select few that are usually called members of parliament (or of congress/senate
like in the USA). However, people are not obliged to join any particular political, religious or social
group if they don't want. In fact, they have the freedom to participate voluntarily in political
decisions and government actions that they believe that they are in their interest and may affect
them either positively or not.

It is important to note that freedom is not limited. Since we live in a society, the freedom of an
individual ends where that of his fellow citizen begins. Freedom is guaranteed as long as its exercise
does not harm the common good.

On a practical level, this democratic value translates into various forms of which the most common
are freedom of thought, expression, association, assembly, demonstration, including the freedom of
vote, which, in representative democracies, would be its highest expression

The other five values that are necessary for the development of a democratic political and state
system are: justice

Justice is the value that is responsible for ensuring the common good. In society, justice is expressed
through laws and is personified in the figure of judges. When a norm is violated, the judges impart
justice to try to correct the evil that is produced to the citizenship with said action.

Pluralism

Pluralism is a democratic value associated with equality. The acceptance of a plural society is the
recognition that it is made up of a diversity of individuals and groups.

Tolerance

Tolerance is an essential democratic value for societies governed by these models of government.
Without tolerance the individuals of a plural society could not coexist in a harmonious and respectful
way. Respect

Respect is the value on which many of the other democratic values are based. Freedom, equality,
justice and tolerance could not exist without respect. This value regulates democratic societies, as
well as interpersonal relationships between individuals and groups to occur and function
harmoniously across the entire social spectrum of society.

Free and responsible participation

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Participation is the one value on which the essence of democratic systems stands. The free and full
exercise of the value of free and responsible participation is what guarantees that citizens (the
people) can exercise their right to make a responsible choice whenever exercising their power to
elect their representatives and government.

"Democracy must be built through open societies that share information. When there is information,
there is enlightenment. When there is debate, there are solutions. When there is no sharing of
power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation."
Atifete Jahjaga (Born in 1975, she is an Albanian Kosovar politician and stateswoman who served as
the third President of Kosovo. She was the first female President of the Republic of Kosovo.)

People, territory and a government which acts as a sovereign body are said to constitute a state. But
what transforms these people, living together on a given piece of land, into a political community?
How does one install a sense of mutual obligation among them? This is a question that confronts all
democracies today.

The capacity of a state to function as a collective body, the willingness of the people to share goods
and resources, to contribute taxes that may provide valuable services to others, rests crucially upon
the people seeing themselves as a community of citizens. So, fostering a sense of collective solidarity
and mutual obligation is necessary for the existence of the state during periods of peace as much as
it is during moments of war.

Nurturing democracy does not require us to abandon our identities altogether. It only demands that
we extend consideration to others. However, a positive recognition of identities places an obligation
upon all of us, on the majority more than on the minorities as it has an edge in a system based on
majority will.

When members of a society are able to extend consideration to others, the task of the government
is relatively easy. But when it fails to act by this virtue, the responsibility falls on the government. It
must act promptly to protect the basic rights of citizens for rights concretize the sentiment of equal
concern for others. Taken from an article by Gurpreet Mahajan - professor, Centre for Political
Studies, JNU

"ALL OVER THE WORLD, THE SYSTEM OF EDUCATION HAS BEEN EXPERIENCING CHANGES THAT
WERE NOT ALWAYS MADE IN THE INTEREST OF THE CITIZEN. EDUCATION SHOULD BE A CATALYST
OF CHANGE AND AVEHICLE FOR THE PROMOTION OF DEMOCRATIC LIVING." (From SOK book (2017),
Module 1, Unit 3, page 33.)

The democratic foundations of our societies are under pressure from the influence that social media
has on our political opinions and our behaviours, according to a new JRC (Joint Research Centre)
report.

Forty-eight percent of Europeans use social media every day or every day. As well as being helpful
tools to stay informed, be entertained, shop and stay close to our friends, these platforms have
revolutionized the way we experience politics, by engaging more citizens in the political process and
enabling minority voices to be heard.

But these platforms also allow polarizing messages and unreliable information to be spread easily.
This can limit our perspectives and hamper our ability to make informed political decisions. As the
report authors find, this has a dangerous impact on our democratic societies.
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In this article the JRC, together with a team of experts, synthesise the state-of-the-art knowledge
about digital technology, democracy, and human behaviour to enable policymakers to safeguard a
participatory and democratic European future through legislation that aligns with human thinking
and behaviour in a digital context.

The authors argue that policymakers must pursue these kinds of actions in conjunction with broader
efforts to meaningfully engage politically with citizens to understand their different values and
perspectives and re-establish trust in political institutions.

Looking to the future, the report also employs strategic foresight to set out possible future scenarios
for the European information space in 2035, to help policymakers envisage how choices made now
could shape, and be shaped by, the future of our societies.

In this advert-video about the EU, we hear that this big organization of twenty-seven countries (the
UK left this union on 31st January 2020) is built on important democratic values. Built on the power
of equality and of freedom, the EU defines itself a Democracy because it protects the freedom of
expressing their views to all its citizens. Its institutions promote and support the election of political
leaders that will help shape our shared and common rights; but at the same time, it is being
subjected to constant pressure both from within and from without too politically orchestrated
campaigns intended to discredit it in the eyes of its citizens. Fake news engendered by mass media
misinformation social networks amid to disseminate confusion throughout the union by intensifying
electoral polarization and tension intended to dishearten the people from voting and from
participating in the union's basic democratic processes that legitimize its democratic foundations
and spirit.

SEPARATION OF POWERS means that the three branches of government are separated.

The three branches are as follows: -

The LEGISLATIVE - the part that makes laws The EXECUTIVE - the part that carries out (executes) the
laws The JUDICIAL - the courts that decide if the law has been broken

Separation of Powers helps to protect freedom. The executive branch carries out the laws but
cannot make laws to make themselves powerful. Also, the judiciary is responsible for making sure
that criminals are punished, so that members of the government or legislature cannot ignore the law
as the judiciary can check on them.

Separation of powers is also called a system of checks and balances because the branches can check
up on each other and if any of the branches get too strong, that branch will be balanced by the
others.

In the USA the three branches of government are completely separate except for the Vice President
who is President of the Senate. In the UK the three branches of Government are mixed but the
checks and balances are provided by history and custom (the rule that says something should
happen because that is how it has been done for a long time). The Queen is Head of State (the
executive) but is also part of Parliament (the legislative branch) and is the Fountain of Justice (the
head of the judicial branch). But by convention she does not do anything without the advice of
Ministers and never refuses to pass an Act of Parliament. The Queen has a lot of power, but the
power is controlled and balanced by the need to act in certain ways or only use the power at certain
times.
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In some countries the leaders of the executive branch are members of the legislature. This system is
called responsible government. The first to talk about separation of powers in the modern age was
Charles-Louis Montesquieu in his book De l'Esprit des Lois (The Spirit of Laws), which he published in
1748.

DEMOCRACY SINCE THE FORMATION OF THE UNITED NATIONS IN 1945: HISTORY AND UNIVERSAL
PRINCIPLES THE LEAGUE OF NATIONS: 1920 The United Nations was the successor of 'The League of
Nations', which was set up in January 1920. The League was set up following the conflagration of
World War I between 1914 and 1918. It was an international diplomatic group developed after
World War I as a way to solve disputes between countries before they erupted into open warfare. It
had achieved some successes but had a mixed record of success, sometimes putting self-interest
before becoming involved with conflict resolution, while also contending with governments that did
not recognize its authority. The League effectively ceased operations during World War II. Its
Headquarters was in Geneva, Switzerland. Geneva was a good place to put the headquarters of the
League of Nations. This was because it is in between countries that do not fight each other very
often. Switzerland also is a neutral country. Thirty-two countries did join the League of Nations. Its
first Council met up on January 16th, 1920. It had a General Assembly and an Executive Council.
There were four permanent members and four non-permanent members. But the USA was not one
of the member states.

The League of Nations was made to keep countries safe from other countries. But it could not do
anything because members were not following what they said.

And then in 1939, the League was not able to stop countries from entering another world war.

The League worked hard to stop the Second World War from happening, unfortunately it could not.
It did not have enough international legal weight and many countries did not join them. So, another
world war broke out in September 1939. THE FOUNDATION OF THE UNITED NATIONS.

The League of Nations signed its final act on 18 April 1946. On that day, it handed over all of its
assets to the United Nations and gave them control of the library and archives.

All forty-three countries in attendance voted unanimously that the League would no longer exist as
of April 20, 1946.

The United Nations is an international organization founded in 1945 after the Second World War by
fifty-one countries committed to maintaining international peace and security, developing friendly
relations among nations and promoting social progress, better living standards and human rights.

Due to its unique international character, and the powers vested in its founding Charter, the
Organization can take action on a wide range of issues and provide a forum for its 193 Member
States to express their views, through the General Assembly, the Security Council, the Economic and
Social Council and other bodies and committees.

The work of the United Nations reaches every corner of the globe. Although best known for
peacekeeping, peacebuilding, conflict prevention and humanitarian assistance, there are many other
ways the United Nations and its System (specialized agencies, funds and programmes) affect our
lives and make the world a better place. The Organization works on a broad range of fundamental
issues, from sustainable development, environment and refugees protection, disaster relief, counter
terrorism, disarmament and non-proliferation, to promoting democracy, human rights, gender
equality and the advancement of women, governance, economic and social development and
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international health, clearing landmines, expanding food production, and more, in order to achieve
its goals and coordinate efforts for a safer world for this and future generations.

The UN has four main purposes

To keep peace throughout the world.

To develop friendly relations among nations.

To help nations work together to improve the lives of poor people, to conquer hunger, disease and
illiteracy, and to encourage respect for each other’s rights and freedoms.

To be a centre for harmonizing the actions of nations to achieve these goals

THE UNITED NATIONS CHARTER The Charter of the United Nations is the founding document of the
United Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the United
Nations Conference on International Organization and came into force on 24 October 1945.

The United Nations can take action on a wide variety of issues due to its unique international
character and the powers vested in its Charter, which is considered an international treaty. As such,
the UN Charter is an instrument of international law, and UN Member States are bound by it. The
UN Charter codifies the major principles of international relations, from sovereign equality of States
to the prohibition of the use of force in international relations.

Since the UN's founding in 1945, the mission and work of the Organization have been guided by the
purposes and principles contained in its founding Charter, which has been amended three times in
1963, 1965, and 1973. TEXT FROM THE CHARTER Preamble

"WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our lifetime has brought
untold sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the
equal rights of men and women and of nations large and small, and

to establish conditions under which justice and respect for the obligations arising from treaties and
other sources of international law can be maintained, and

to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbours,

and to unite our strength to maintain international peace and security, and

to ensure, by the acceptance of principles and the institution of methods, that armed force shall not
be used, save in the common interest, and

to employ international machinery for the promotion of the economic and social advancement of all
peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS.

Accordingly, our respective Governments, through representatives assembled in the city of San
Francisco, who have exhibited their full powers found to be in good and due form, have agreed to
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the present Charter of the United Nations and do hereby establish an international organization to
be known as the United Nations.

Difference Between Democracy and Dictatorship

What is Dictatorship?

In a dictatorship, one person that is one political figure has the absolute power to control everything
in the country without anyone’s interference. As a result, a dictatorship consists of someone else
choosing what is good for the people. Dictatorship frames the laws that govern the RIGHTS of the
people and the economy as well. It also outlines the laws that govern the private property as well.
Personal FREEDOM and liberties have to be completely sacrificed in dictatorship. So, if you are
unhappy over something, then you should continue to be unhappy over it all your life. It is because
usually telling you opinion is not tolerated in a dictatorship. It is often felt that dictatorship is
efficient in framing new laws to dominate certain sections. You should remember that this framing
new law to dominate certain sections is not done with best intentions all the time. For example,
think about all the Jews that lost their lives during Hitler’s rule. There is always the probability of
innocent people getting convicted often due to lack of proper cross examination in the case of
dictatorship. The accused cannot confront the witness in the case of dictatorship. However, the time
taken to implement a decision is fairly fast in the case of dictatorship.

What is Democracy?

Unlike a dictatorship, self-indulgence is the keyword in democracy. People would choose what is
best for them. Democracy does not consist of someone else choosing what is good for the people.
That means the power to create laws lies with the people in democracy. As a result, if you are
unhappy over something in a democracy there is always a chance to change it and set it right so that
it can make you happy, finally.

In democracy, there is no place for creating new laws to dominate certain sections or people or to
oppress certain groups of people. Moreover, there is always respect for personal freedom and
personal liberties in democracy. In fact, it can be said that democracy encourages and safeguards
freedom of expression and freedom of speech and extends them to every single person of the
nation. Then, JUSTICE is done to perfection in a democracy. The accused is provided with an
opportunity to confront the witness in the case of democracy. Nevertheless, the process of
implementing a decision is slow in the case of democracy.

Democracy vs Dictatorship

Democracy and dictatorship show difference between them in terms of their methodology and
concept. First of all, what is democracy and what is dictatorship? Democracy and dictatorship are
two types of rules over a country. The person, who has complete power over a country, is called a
dictator. A dictator enjoys an absolute rule over a country or a state. On the other hand, in a
democracy, the choice to create laws is with the people. In other words, we can say a democracy is
taking decisions by discussing it with all. That means people have the say in deciding what to do.

What is the difference between Democracy and Dictatorship?

• In a dictatorship, one ruler has an absolute power to rule over a country or a state. But, in
democracy, it is the rule of the people.

• In dictatorship, framing new laws is in the hands of the dictators. On the other hand, in a
democracy, the choice to create laws is with the people.
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• Rules are not created over sections of the society in a democracy. It is a possibility in a
dictatorship.

• The time taken to implement a decision is fairly fast in the case of dictatorship whereas the
process of implementing a decision is slow in the case of democracy.

• Personal freedom and personal liabilities are sacrificed in a dictatorship. That is not the case in a
democracy. People have freedom to say what they want. This is another important difference
between democracy and dictatorship.

• Justice is protected in a democracy as the accused gets an equal chance to present his or her case.
Such opportunity is not given in a dictatorship.

Political parties play a vital role in a democracy, without them there would be severe problems. As
far as parties themselves are concerned, their role is more ambitious than a pressure group which
merely aims to influence the Government. First and fair most in a democratic country there are free
and fair elections which are essential in assuring the consent of the governed, which is the bedrock
of democratic politics says. Thus, citizens are allowed to elect representatives to speak for their
views and interests therefore elections serve as the principal mechanism for translating that consent
into governmental authority.

Moreover, democratic elections are competitive and opposition parties and candidates must enjoy
the freedom of speech, assembly, and movement necessary to voice their criticisms of the
government openly and to bring alternative policies and candidates to the voters. However, political
parties play a role in helping to structure voting choice by nominating candidates to run for office
states. Thus, to say parties are also active in the electorate, seeking to organize elections, simplify
voting choices, provide a line between the people and government, broker diverse positions, and
strengthen party identification. In addition, argues there are essential ingredients of a functioning
liberal democracy that is to say they fight for political power within the rules laid down in the
political system in order to mobilize support of the electorates either by propaganda, organized
activities or by emphasizing ideological outlook with other parties. Therefore, political parties play an
important role in a democracy as they serve as mediating institutions through which differences in
ideas, interests and perceptions of political problems at a given time can be managed. In addition,
political parties are essential to democracy because they simplify voting choices, organize the
competition, unify the electorate, bridging the separation of powers and fostering cooperation
among branches of government, translating public preferences into policy, and providing loyal
opposition.

HUMAN RIGHTS

A Short History of Human Rights The belief that everyone, by virtue of her or his humanity, is
entitled to certain human rights is fairly new. Its roots, however, lie in earlier tradition and
documents of many cultures; it was only after World War II that human rights emerged onto the
global stage and into the global conscience.

The Birth of the United Nations

The idea of human rights emerged stronger after World War II. The extermination by Nazi Germany
of over six million Jews, Sinti and Romani (gypsies), homosexuals, and persons with disabilities
horrified the world. Trials were held in Nuremberg and Tokyo after World War II, and officials from
the defeated countries were punished for committing war crimes, "crimes against peace," and
"crimes against humanity."
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Governments then committed themselves to establishing, with the primary goal of promoting and
strengthening international peace and at the same time preventing the outbreak of conflicts and
wars within and between countries. The primary goal of the UN and world leaders was to ensure
that never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. The
essence of these emerging human rights principles was captured in President Franklin Delano
Roosevelt’s 1941 so called, State of the Union Address when the spoke of a world founded on four
essential freedoms: freedom of speech and religion and freedom from want and fear. The
international community made demands cross the globe for human rights standards to protect
citizens from abuses by their governments, standards against which nations could be held
accountable for the treatment of those living within their borders. These voices played a critical role
in the San Francisco meeting that drafted the United Nations Charter in 1945.

The Universal Declaration of Human Rights

Member states of the United Nations pledged to promote respect for the human rights of all. To
advance this goal, the UN established a Commission on Human Rights and charged it with the task of
drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in
the Charter. The Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the
world’s attention.

On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the fifty-
six members of the United Nations. The vote was unanimous, with only eight nations abstaining.

The UDHR, commonly referred to as the international Magna Carta, extended the revolution in
international law ushered in by the United Nations Charter – namely, that how a government treats
its own citizens is now a matter of legitimate international concern, and not simply a domestic issue.
It claims that all rights are interdependent and indivisible. Its Preamble eloquently asserts that:

"Recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice, and peace in the world."

ELCTIONS AND VOTING SYSTEMS

Electoral/Voting Systems

A country’s electoral system is the method used to calculate the number of elected positions in
government that individuals and parties are awarded after elections. In other words, it is the way
that votes are translated into seats in parliament or in other areas of government (such as the
presidency). There are many different types of electoral systems in use around the world, and even
within individual countries, different electoral systems may be found in different regions and at
different levels of government (e.g., for elections to school boards, city councils, state legislatures,
governorships, etc.).

Electoral systems can be divided into three general types:

Plurality electoral systems

Majority electoral systems

Proportional representation

1. Plurality electoral systems

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Also called “first-past-the-post” or “winner-take-all” systems, plurality systems simply award a seat
to the individual candidate who receives the most votes in an election. The candidate need not get a
majority (50 %+) of the vote to win; so long as he has a larger number of votes than all other
candidates, he is declared the winner. Plurality systems normally depend on single-member
constituencies, and allow voters to indicate only one vote on their ballot (by pulling a single lever,
punching a hole in the ballot, making an X, etc.) Plurality electoral systems also tend to encourage
the growth of relatively stable political systems dominated by two major parties (a phenomenon
known as “Duverger’s Law”, see link below).

Such an electoral system, though, clearly does not represent the interests of all (or even most)
voters. In fact, since a candidate need have only a plurality of votes to be elected, most voters may
actually have voted against the winner (although their votes are split among several candidates).

Elections for the House and Senate in the United States and for the House of Commons in the United
Kingdom use the plurality system. The US presidential election is also generally considered a plurality
system, but the existence of the Electoral College actually makes it a strange hybrid of plurality and
majority systems.

2. Majority electoral systems

Also called “second ballot” systems, majority electoral systems attempt to provide for a greater
degree of representativeness by requiring that candidates achieve a majority of votes in order to
win. “Majority” is normally defined as 50%-plus-one-vote. If no candidate gets a majority of votes,
then a second round of voting is held (often a week or so after the initial ballot). In the second round
of voting, only a select number of candidates from the first round are allowed to participate. In some
countries, such as Russia, the top two vote-getters in the first round move on to the second round.
In other countries, such as France, all candidates with a minimum threshold percentage of votes (in
the French case, 12.5% of all registered voters) move on to the second round. Like plurality systems,
majority systems usually rely on single-member constituencies, and allow voters to indicate only one
preference on their ballot.

Presidential elections in Austria, Finland, Portugal, Russia and other east European states, as well as
presidential and National Assembly elections in France, make use of various forms of majority
electoral systems. The US Electoral College also has components of a majority system, because a
presidential candidate must get 50%-plus-one electoral votes (270 out of 538) in order to win. If no
candidate reaches the 270 marks, the election is decided by the House of Representatives. In
determining who votes for whom in the Electoral College, though, the US presidential race is a strict
plurality system: The candidate who gets a plurality of the popular vote in a state gets all that state’s
electoral votes.

3. Proportional representation

Also known as “PR”, proportional representation is the general name for a class of voting systems
that attempt to make the percentage of offices awarded to candidates reflect as closely as possible
the percentage of votes that they received in the election. It is the most widely used set of electoral
systems in the world, and its variants can be found at some level of government in almost every
country (including the United States, where some city councils are elected using forms of PR).

The most straightforward version of PR is simply to award a party the same percentage of seats in
parliament as it gets votes at the polls. Thus, if a party won 40% of the vote it would receive 40% of
the seats. However, there are clear problems with such a system: Should parties that receive only
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0.001% of the vote also be represented? What happens if the voting percentages do not translate
evenly into seats? How do you award a party 19.5 seats if it got 19.5% of the vote? More
sophisticated PR systems attempt to get around these problems. Two of the most widely used are
discussed below.

ELCTIONS AND VOTING SYSTEMS Under party list forms of PR, voters normally vote for parties rather
than for individual candidates. Under a closed party list system, the parties themselves determine
who will fill the seats that they have been allocated; voters vote only for a particular party, and then
it is up to the party to decide which party members will actually serve as representatives. Legislative
elections in Israel and Germany are conducted according to such a system. Under an open party list
system, voters are given some degree of choice among individual candidates, in addition to voting
for entire parties. Denmark, Finland, Italy, Luxembourg and Switzerland all have versions of open
party list systems.

Single transferable vote (STV)

STV is another important form of proportional representation. In various forms, it is used widely in
many countries, although only Ireland, Australia, and Malta have used it in major national elections.
Other countries have used it in local elections, and even some communities in the United States
(such as Cambridge, MA) use it today. Many student organizations in Europe also use this system for
election to university student associations, because it yields an even more proportional result than
party list systems, and certainly more proportional than plurality or majority voting.

THE BRITISH PARLIAMENT: THE HOUSE OF COMMONS AND THE HOUSE OF LORDS. What are the
functions of the UK Parliament?

The functions of the UK Parliament mean it has a range of roles within our political system: -

Approve legislation

In a formal sense the Parliament has to approve legislation, taxation and public spending.

But these originate from the Government, ministers and civil servants, rather than Parliament and,
in practice, a government that has a majority in Parliament can get through what it wants without
much in the way of change.

Nevertheless, the Governments backbenchers are important and if they strongly disapprove of a
proposal the Government may have to modify it or even abandon it as the Major Government had
to on Royal Mail privatization. Provide political legitimacy

In a general sense passing the Government’s proposals give legitimacy to them in the eyes of the
public.

Political Legitimacy might be seen to exist for the Government because it has been elected but
writers have seen the concept as more complicated than that.

Weber basically saw legitimacy as existing because people in society see their institutions as
legitimate and this may have come about because they have been there a long time, because people
have faith in the leaders than operate these institutions, or because they see the legal system that
surrounds these institutions as fair in its operation.

At present in Britain, we could argue that there is a crisis of legitimacy in relation to political
leadership even though there may be respect of Parliament as an ancient institution and in the legal
system.
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David Beetham has argued that more important is both input legitimacy, whether people believe in
the way the people who run Parliament are chosen, and output legitimacy, whether people are
satisfied with the policies that emanate from Parliament. The first raises questions about how MPs
and members of the House of Lords are chosen, including the electoral system, and the second
about whether people’s concerns are being addressed by Parliament.

Hold the Government to account

Parliament is meant to bring the Government to account and question it if it looks as if it has done
something wrong.

The constitutional principle of Ministerial Accountability is that ministers have to be in Parliament to

answer for what their departments are doing.

When there is a major change of policy or a serious international situation or major blunders in the
Department the Prime Minister or the appropriate Minister will make a statement and be
questioned by MPs.

Broader scrutiny

Parliament is also meant to carry out a broader process of the scrutiny of Government legislation,
spending and policy. Scrutiny is a process by which Parliament examines what the Government is
doing and forces the Government to make a reason case for what its policies and proposals.
Parliament should ask: -

•Is its legislation clear and capable of being implemented in practice? Will it have the desired effect?
Does it harm particular groups unfairly?

•Is it spending public money efficiently? Are the agencies that spend the money accountable?

•Are its proposals for taxation workable and are they fair as between different groups?

•Are its policies in domestic and foreign affairs working? Do they have clear aims? Is Government
monitoring their effect? Is it assessing alternative policies?

There are a number of ways in which this happens with the Departmental Select Committee and the
Public Accounts Committee being the most effective in the Commons because they do not work on
political party lines.

THE PARLIAMENT: THE HOUSE OF LORDS

The House of Lords, where party control is weaker, is often more effective than the Commons in
scrutinizing legislation.

A place for debate

Parliament should be the forum for debate about major decisions such as whether to commit to
military action or whether to change the voting system.

Another major debate is the relative merits of the policies of the Government and the Opposition.

In practice this mostly takes place through media reporting of these debates, although many people
now watch Prime Ministers Questions live on television.

A place to raise people’s issues

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Parliament is a place where the concerns of different groups in society can be raised.

Backbench MPs have various means by which they can raise issues including Questions,
Adjournment debates and Westminster Hall debates. These also provide ways in which issues
brought to them by their constituents can be discussed.

It can also be used by MPs to raise questions about the problems in other countries and what the
Government is doing about it.

Developing future leaders

As Ministers have to be in Parliament, Westminster acts as a way of recruiting and developing

political leaders. Raising issues in Parliament demonstrates the quality of backbenchers and may
lead to them being picked for ministerial office. Facing questions in Parliament tests the ability of
Ministers to deal with issues and can make or break their reputations

THE PARLIAMENT AND ITS POLITICAL ROLE IN THE UK STATE SYSTEM

PARLIAMENT (THE HOUSE OF COMMONS AND THE HOUSE OF LORDS)

Parliamentary procedure has been shaped over many centuries by a complex mix of formal rules
(outlined in statutes and the Standing Orders), and informal practices (such as conventions). A more
comprehensive overview of parliamentary activity and analysis of how effectively parliament is
fulfilling its functions can be found in our Parliamentary Monitor.

Parliament has a many-sided role in the UK’s system of democratic government. The main facets of
this role include:

•representing constituents

•passing legislation

•agreeing government proposals for taxation and expenditure

•holding government to account

•facilitating national debate.

In this report we explore how Parliament has spent its time and taxpayers’ money in the year from
the 2017 State Opening of Parliament. We explain the key activities undertaken by MPs and peers,
what they are trying to achieve and what affects whether or not they are successful. These factors
include broad historical and constitutional shifts in the relationship between government and
Parliament, and the raw political calculations driven by each party’s strength in the House of
Commons.

There are limits to what data can tell us about Parliament. Many elements of its role – including its
value as an institution of democracy – cannot be measured. All the same, it is possible to say how
parliamentary processes – such as the scrutiny of secondary legislation, or the work of select
committees – are working, and to judge whether they are fulfilling their purpose.

WHAT IS A CONSTITUTION?

What Is a constitution?

The vast majority of contemporary constitutions describe the basic principles of the state, the
structures and processes of government and the fundamental rights of citizens in a higher law that
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cannot be unilaterally changed by an ordinary legislative act. This higher law is usually referred to as
a constitution.

The content and nature of a particular constitution, as well as how it relates to the rest of the legal
and political order, varies considerably between countries, and there is no universal and
uncontested definition of a constitution. Nevertheless, any broadly accepted working definition of a
constitution would likely include the following characteristics:

The Functions of a Constitution

• Constitutions can declare and define the boundaries of the political community. These boundaries
can be territorial (the geographical borders of a state, as well as its claims to any other territory or
extra-territorial rights) and personal (the definition of citizenship). Thus, a country’s constitution
often distinguishes between those who are inside and those who are outside the polity.

• Constitutions can declare and define the nature and authority of the political community. They
often declare the state’s fundamental principles and assumptions, as well as where its sovereignty
lies. For example, the French Constitution declares that ‘France is an indivisible, secular, democratic
and social Republic’ and that ‘National sovereignty belongs to the people, who exercise it through
their representatives and by means of referendums’ (Constitution of the Fifth French Republic). The
Constitution of Ghana (1992) states that, ‘The Sovereignty of Ghana resides in the people of Ghana
in whose name and for whose welfare the powers of government are to be exercised’.

• Constitutions can express the identity and values of a national community. As nation-building
instruments, Constitutions may define the national flag, anthem and other symbols, and may make
proclamations about the values, history and identity of the nation.

• Constitutions can declare and define the rights and duties of citizens. Most constitutions include a
declaration of fundamental rights applicable to citizens. At a minimum, these will include the basic
civil liberties that are necessary for an open and democratic society (e.g., the freedoms of thought,
speech, association and assembly; due process of law and freedom from arbitrary arrest or unlawful
punishment). Many constitutions go beyond this minimum to include social, economic and cultural
rights or the specific collective rights of minority communities. And some rights may apply to both
citizens and noncitizens, such as the right to be free from torture or physical abuse.

• Constitutions can establish and regulate the political institutions of the community— defining the
various institutions of government; prescribing their composition, powers and functions; and
regulating the relations between them. It is almost universal for constitutions to establish legislative,
executive and judicial branches of government. In addition, there may be a symbolic head of state,
institutions to ensure the integrity of the political process (such as an electoral commission), and
institutions to ensure the accountability and transparency of those in power (such as auditors, a
court of accounts, a human rights commission or an ombudsman). The institutional provisions
typically provide mechanisms for the democratic allocation and peaceful transfer of power (e.g.,
elections) and mechanisms for the restraint and removal of those who abuse power or who have
lost the confidence of the people (e.g., impeachment procedures, motions of censure).

• Constitutions can divide or share power between different layers of government or sub-state
communities. Many constitutions establish federal, quasi-federal or decentralized processes for the
sharing of power between provinces, regions or other sub-state communities. These may be
geographically defined (as in most federations, such as Argentina, Canada or India), or they may be
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defined by cultural or linguistic communities (e.g., the 1994 Constitution of Belgium, which
establishes autonomous linguistic communities in addition to geographical regions).

• Constitutions can declare the official religious identity of the state and demarcate relationships
between sacred and secular authorities. This is particularly important in societies where religious
and national identities are interrelated, or where religious law has traditionally determined matters
of personal status or the arbitration of disputes between citizens.

• Constitutions can commit states to particular social, economic or developmental goals. This may
take the form of judicially enforceable socio-economic rights, directive principles that are politically
binding on the government, or other expressions of commitment or intent.

THE USA CONSTITUTION

The Constitution of the United States

The U.S. Constitution is the basis for the creation of the United States of America. It is at the same
time the basis for the government that rule and runs the United States. The Constitution provides
certain rights for citizens of the United States by defining those rights and the law based around
those rights.

The U.S. Constitution provides for a separation of powers with a set of checks and balances within
the three branches of the U.S. government.

The Constitution does this with the establishment of the three branches of government.

The Legislative Branch

The Executive Branch

The Judicial Branch

The Constitution specifies that the Legislative Branch makes the laws to run the country, the
Executive Branch has the authority to execute the laws, and the Judicial Branch interprets the laws
to make sure they conform to the dictates of the Constitution.

The United States was the first nation in the world to create a constitution. The U.S. Constitution was
formed in 1788 by the Philadelphia Constitutional Convention, whose delegates developed the
constitutional concept.

It was a unique and innovative idea.

A constitutional government was a revolutionary innovation that was in stark contrast to the existing
governments of the day.

Since then, the constitutional concept has been adopted by many other countries seeking to create a
new form of government for themselves.

THE UNITED STRATES CONSTITUTION

The American Constitution is the oldest written constitution in force in any nation of the world.

In 1776 the thirteen British colonies, which eventually formed the first thirteen States of the newly
formed United States, declared their independence from their mother country.
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The essence of American democracy contained in the Declaration of Independence is that “All men
are created equal and that they are endowed by their Creator with certain unalienable rights that
among these are life, liberty and the pursuit of happiness.”

The Constitution makes no discrimination as to the wealth or status of persons; are all equal before
the law, and all are equally subject to judgment and punishment when they violate the law.

The U. S. Constitution is the “supreme law of the land.”

This written constitutional clause is taken to mean that when the state constitutions, or laws passed
by state legislatures or the national Congress, are found to conflict with the federal Constitution,
they have no force.

Final authority is vested in the American people, who can change the fundamental law if they wish,
by amending the Constitution, or – in theory, at least – drafting a new one.

The people’s authority is not exercised directly, however. The day-to-day business of government is
delegated by the people to public officials, both elected and appointed.

Most commonly, the American people express their will through the ballot box.

In addition to setting forth the general political ideas, the Constitution provides the blueprint for the
governmental system. The three major articles describe the three branches of the national
government:

Legislative

Executive

Judicial

Each of these institutions have specific duties and responsibilities.

The basic principles of the Constitution have remained the same since its adoption in 1789:

The three main branches of government, that is, the State governing Assemblies, Congress and
Senate, the President’s Administration, and the Supreme Court of Justice and all other state courts,
are SEPARATE and distinct from one another.

The powers given to each are balanced by the power of the other two. Each branch serves as a check
on potential excesses of the others.

The Constitution, together with laws and treaties properly passed to its provisions, stands above all
other laws, executive acts and regulations.

All men are equal before the law and are equally entitled to its protection.

All states are equal, and none can receive special treatment from the federal government.

Within the limits of the Constitution, each state must recognize and respect the laws of the others.

State governments, like the federal government, must be republican in form, with final authority
resting in the people.

The people have the right to change their form of government by legal means defined in the
Constitution itself.
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THE USA PRESIDENT: The powers and duties of the President, as head of the executive branch, are
also described and balanced through a legal system of federal courts and other branches of
government, all of which duties and responsibilities are also described and subjected to public
scrutiny.

THE MALTESE CONSTITUTION THE CONSTITUTION OF MALTA CONSISTS OF ELEVEN CHAPTERS

Malta’s present constitution is the original document as it evolved and changed over the years, but
there is historical continuity with that original document. It was first promulgated in 1964 on 21st
September, Independence Day, and it was last emended in 2011.

The model is known as the Westminster model, meaning that it is based on the model of the UK
Prime Minister and a Cabinet government. The Constitution of Malta is based on British
constitutional theory and practice. It came about fifty years ago in the wake of earlier limited self-
governing Constitutions, following Maltese demands for political and democratic emancipation and
national sovereignty.

The stated political aims of the Constitution as expressed by the founding father’s way back in 1963
specified that, “The Constitution which we envisage incorporates the principle of responsible
parliamentary government based on a tested democratic system. It safeguards the interests of the
nation and the fundamental rights and freedoms of the individuals composing the nation. It secures
the independence of such organs and authorities as must be outside political influence. It reaffirms
the political sovereignty of the electorate by ensuring the holding of free elections at fixed intervals.”
In the fifty years since 1964, there have been twenty-six amendments to the Constitution. Some
have been substantial, such as when Malta became a Republic in 1974, or when provisions were
introduced for a corrective mechanism to provide for majority rule and neutrality in 1987. Other
amendments were of a more minor and sectoral nature. No comprehensive attempt at studying the
Constitutional instrument as a whole has been attempted during the last fifty years. In the fifty years
since 1964, there have been twenty-six amendments to the Constitution. Some have been
substantial, such as when Malta became a Republic in 1974, or when provisions were introduced for
a corrective mechanism to provide for majority rule and neutrality in 1987. Other amendments were
of a more minor and sectoral nature. No comprehensive attempt at studying the Constitutional
instrument as a whole has been attempted during the last fifty years.