Civic Education SS3

Constitutional Democracy
Constitutional democracy is a democratic form of government utilizing a constitution, a written
document that formally codifies the laws of the nation. Modern democracy is a system of
governance comprised of elected representatives representing the will of, by, and for the majority
of the people, who are the definitive source of sovereign authority. Constitutional democracies
maintain core principle elements such as freedom of speech, freedom of the press, separation of
powers, and a system of accountability for elected leaders. Under the guidance of a constitution,
democracy provides a legal framework for establishing laws by the representatives of the people.

There are various forms of constitutional governance, including constitutional democracy and
constitutional monarchy. A monarchy is the rule of a king or queen, usually coming from a
familial lineage. The United Kingdom under King Charles III is an example of a constitutional
monarchy with a parliamentary democracy, while the United States is a complete constitutional
democracy.

A constitution is a written document codified into law that establishes a set of policy principles
and fundamental rules and laws that decree how the government should run. A codified
constitution means that the principles and rules are clearly defined in a specific document. Most
countries in the world maintain a formal singular constitution with several exceptions. Canada,
the United Kingdom, New Zealand, and Israel utilize written acts in combination with unwritten
conventions to govern their nations; these constitutions are considered uncodified but still
function as a constitutional framework for governance.

Characteristics of constitutional democracy

1. Rule of Law: Constitutional democracies operate under the rule of law, meaning that laws are
supreme, and everyone, including government officials, is subject to and accountable under the
law.

2. Constitutional Framework: The political system is guided by a written constitution that

outlines the fundamental principles, powers, and limitations of the government. The constitution
is typically the highest law in the land.

3. Protection of Individual Rights: Constitutional democracies prioritize the protection of

individual rights and liberties. The constitution often includes a bill of rights that safeguards
citizens' freedoms from government infringement.

4. Separation of Powers: There is a clear separation of powers among the executive, legislative,
and judicial branches of government. Each branch has distinct functions and powers to prevent
the concentration of authority.
5. Checks and Balances: Constitutional democracies incorporate a system of checks and
balances, where each branch of government has the ability to monitor and limit the actions of the
other branches, preventing abuses of power.

6. Regular, Free, and Fair Elections: Citizens participate in regular elections to choose their
representatives and leaders. These elections are conducted freely and fairly, allowing for the
peaceful transfer of power based on the will of the people.

7. Political Pluralism: Multiple political parties and diverse political opinions coexist, fostering a
competitive and inclusive political environment.

8. Democratic Decision-Making: Policy decisions are made through democratic processes, often
involving debates, consultations, and votes in representative bodies. This ensures that the
government reflects the will of the majority while protecting minority rights.

9. Civil Society Participation: Constitutional democracies encourage active participation from

civil society, including non-governmental organizations, advocacy groups, and citizens. This
involvement helps ensure a robust democratic dialogue.

10. Independent Judiciary: The judiciary is independent and serves as a check on the
constitutionality of laws and government actions. It interprets and applies the law impartially,
providing a mechanism for legal redress.

11. Limited Government: Constitutional democracies emphasize the limitation of governmental

powers, defining the scope and boundaries of authority to prevent arbitrary actions and protect
individual freedoms.

12. Protection of Minorities: Constitutional democracies recognize and protect the rights of
minority groups, ensuring that their interests are not disregarded by the majority.

Types of constitutional democracy

Constitutional democracies come in various forms, reflecting the diversity of political systems
across different countries. Here are three main types of constitutional democracy:

1. Parliamentary Democracy:

- Characteristics: In a parliamentary democracy, the executive branch derives its legitimacy

and authority from the legislative branch (parliament). The head of government is typically the
prime minister, who is the leader of the majority party or coalition in parliament.

- Key Features:
 - The head of state (often a monarch or ceremonial president) is separate from the head of
government.

- The government's survival depends on its ability to maintain the support of the majority in
the parliament.

- Regular elections determine the composition of the parliament, and the executive branch is
accountable to the legislative body.

2. Presidential Democracy:

- Characteristics: In a presidential democracy, the executive branch is separate from the

legislative branch. The president, who is both the head of state and head of government, is
elected independently of the legislature.

- Key Features:

- The president serves a fixed term and is not dependent on legislative confidence to remain in
office.

- The president has significant powers, including veto authority, appointment of key officials,
and the ability to issue executive orders.

- There is a clear separation of powers between the executive and legislative branches.

3. Semi-Presidential Democracy:

- Characteristics: Semi-presidential democracies combine elements of both parliamentary and

presidential systems. The president serves as the head of state, while the prime minister,
appointed by the president, serves as the head of government and leads the cabinet.

- Key Features:

- The president and the prime minister share executive powers, with distinct roles and
responsibilities.

- The president is often directly elected by the people, while the prime minister is responsible
to the parliament.

- The distribution of powers between the president and the prime minister varies by country.

FEATURES OF CONSTITUTIONAL DEMOCRACY

The following are features of constitutional democracy:

1. Popular sovereignty: People (electorates) possess the final authority in making decisions that
relates to the people. The will of the people prevail because they are seen as the louder voice of
the government of a state. The people also have the power to remove those they elected
(representatives if they fail to protect and represent their interests.
2. Rule of law: Constitutional democracy believes in the doctrine of the rule of law which states
that; a. Everyone or everybody is equal before the law irrespective of their social, economic and
political status, tribe, gender, religion and raceetc.

b Right to personal liberty of every member of a state.

c The supremacy of the law of the land.

d. Impartiality etc.

These mentioned principles must be adhered to in a constitutional democracy. Everyone is seen

as equal in the sight of the law. That is, nobody is treated specially or maltreated in a
constitutional democracy.

3. Majority rule: The candidate who enjoys popular acceptance usually wins election to form
government. This is because the principle of democracy was built on majority rule.
Constitutional democracy gives majority the chance to express their views and opinions in the
affairs of the government.The principle of majority rule further argues that government reflects
the popular interest and opinions of the people. The moment government deviates from this
principle, such government becomes illegitimate.

4. Minority rights: The rights, views, opinions and interests of the minority group in a state is
also protected by the government.Constitutional democracy ensures that everybody in the state
enjoys their fundamental human rights as well as the dividends of democracy.

5. Periodic, free and fair election: This democracy is characterized by regular and periodic
election which must be free and fair, void of political violence and electoral malpractices\. This
periodic election differs from state to state. It could be held every four (4) or five (5) years
depending on how it is stipulated in the constitution of the land.E,g Nigeria and U.S.A elections
are every four years. In Nigeria elections for president, governors and national assembly
members are held every four (4) years while that of the local government are held every three (3)
years

6. Equal access to political opportunities: Everyone in constitutional democracy have equal

access to political opportunities such as contesting for a political position, seeking employment
into public office, supporting a political candidate etc. If one must contest for a political position,
certain criteria must be met. Once that is met, he/she can go ahead to seek for political office.
Everyone is entitled to one vote in constitutional democracy (one man, one vote).
7. Independence judiciary: The judiciary who interprets the law in aconstitutional democracy
must be free from the influence of the other arms of government i.e the executive and
legislatures.

8. Indiscrimination: Constitutional democracy does not give room for discrimination. Sex, race,
socio-economic or political status should not in anyway be use as a yardstick for discrimination.

9. Basic freedom: The constitution allow people to know their rights and demand for such rights
from their government. There exists the basic freedom of interference from the people in the
affairs of the government of their State (country).

Advantages of Constitutional Democracy:

1. Protection of Individual Rights: Constitutional democracies prioritize the protection of

individual rights and freedoms, creating a legal framework that safeguards citizens from
potential abuses of power.

2. Rule of Law: The principle of the rule of law is a cornerstone, ensuring that laws are supreme,
applied uniformly, and everyone, including government officials, is subject to legal standards.

3. Stability: Constitutional democracies provide a stable political environment by establishing

clear rules and procedures for governance, contributing to social and political stability.

4. Checks and Balances: The separation of powers and checks and balances inherent in
constitutional democracies prevent the concentration of authority, promoting accountability and
preventing abuses of power.

5. Democratic Decision-Making: Citizens have the opportunity to participate in decision-making

through regular, free, and fair elections, ensuring that the government reflects the will of the
people.

6. Peaceful Transfer of Power: Constitutional democracies facilitate the peaceful transition of

power through democratic elections, minimizing the risk of political instability and conflict.

7. Legal Certainty: The existence of a written constitution provides legal certainty, allowing
individuals to understand their rights and obligations, contributing to predictability in legal
matters.

8. Protection of Minorities: Constitutional democracies often incorporate provisions to protect

the rights of minority groups, preventing the majority from disregarding the interests of minority
populations.

Disadvantages of Constitutional Democracy:

1. Gridlock and Inefficiency: Separation of powers and checks and balances can sometimes lead
to gridlock and inefficiency, especially if there is frequent disagreement between branches of
government.

2. Complex Decision-Making: The democratic decision-making process, while inclusive, can be

slow and cumbersome, making it challenging to respond rapidly to urgent issues.

3. Majority Tyranny: Despite protections for minorities, there's a risk of majority tyranny where
the majority can dominate decision-making, potentially disregarding the rights and interests of
minority groups.

4. Political Polarization: Constitutional democracies may experience political polarization,

making it difficult for different political parties to find common ground and collaborate on
important issues.

5. Limited Executive Power: The constraints on executive power, while a safeguard against
abuse, can hinder decisive action during emergencies or times of crisis.

6. Complex Legal System: The legal framework in constitutional democracies can be complex,
leading to legalistic and time-consuming processes that may not always align with the speed of
societal needs.

7. Vulnerability to Populism: In certain circumstances, constitutional democracies may be

vulnerable to populist movements that exploit democratic processes to undermine democratic
norms and institutions.

8. Influence of Special Interests: The democratic process may be influenced by powerful special
interest groups, potentially leading to policies that benefit specific groups at the expense of
broader societal interests.