Who Wins When the Majority Rules?
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Detoqueville-Tyranny of the Majority
Alexis de Tocqueville, Democracy in America (1835) Tyranny of the Majority I hold it to be an impious and detestable maxim that, politically speaking, the people have a right to do anything; and yet I have asserted that all authority originates in the will of the majority. Am I, then, in contradiction with myself? A general law, which bears the name of justice, has been made and sanctioned, not only by a majority of this or that people, but by a majority of mankind. The rights of every people are therefore confined within the limits of what is just. A nation may be considered as a jury which is empowered to represent society at large and to apply justice, which is its law. Ought such a jury, which represents society, to have more power than the society itself whose laws it executes? When I refuse to obey an unjust law, I do not contest the right of the majority to command, but I simply appeal from the sovereignty of the people to the sovereignty of mankind. Some have not feared to assert that a people can never outstep the boundaries of justice and reason in those affairs which are peculiarly its own; and that consequently full power may be given to the majority by which it is represented. But this is the language of a slave. A majority taken collectively is only an individual, whose opinions, and frequently whose interests, are opposed to those of another individual, who is styled a minority. If it be admitted that a man possessing absolute power may misuse that power by wronging his adversaries, why should not a majority be liable to the same reproach? Men do not change their characters by uniting with one another; nor does their patience in the presence of obstacles increase with their strength.3 For my own part, I cannot believe it; the power to do everything, which I should refuse to one of my equals, I will never grant to any number of them. -
Unpopular Policies and the Theory of Representative Democracy Pierre Salmon
Unpopular policies and the theory of representative democracy Pierre Salmon To cite this version: Pierre Salmon. Unpopular policies and the theory of representative democracy. [Research Report] Laboratoire d’analyse et de techniques économiques(LATEC). 1991, 25 p., ref. bib. : 2 p. hal- 01526994 HAL Id: hal-01526994 https://hal.archives-ouvertes.fr/hal-01526994 Submitted on 23 May 2017 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. LABORATOIRE D'ANALYSE ET DE TECHNIQUES ÉCONOMIQUES UMR 5601 CNRS DOCUMENT DE TRAVAIL �I CENTRE NATIONAL DE LA RECHERCHE I SCIENTIFIQUE '1 UNIVERSITE DE BOURGOGNE Pôle d'Economie et de Gestion 2, boulevard Gabriel - 21000 DIJON - Tél. 03 80 3954 30 - Fax 03 80 39 54 43 ISSN : 1260-8556 9102 UNPOPULAR POLICIES AND THE THEORY OF REPRESENTATIVE DEMOCRACY Pierre SALMON* May 1991 Université de Bourgogne * I am grateful to the participants of the Fourth Villa Colombella Seminar, especially Ron Wintrobe, to Alain Wolfelsperger and to an anonymous referee for their helpful comments. The errors and shortcomings that remain are solely my responsability. INTRODUCTION: IS MOB RULE OUR IDEAL OF REPRESENTATIVE DEMOCRACY? Their platforms reflect concern with enhancing the probability of being elected, but some candidates often, or all candidates occasionally, voluntarily adept stances that reduce that probability. -
The Tyranny of the Super-Majority: How Majority Rule Protects Minorities
UC Irvine CSD Working Papers Title The Tyranny of the Super-Majority: How Majority Rule Protects Minorities Permalink https://escholarship.org/uc/item/18b448r6 Author McGann, Anthony J. Publication Date 2002-10-01 eScholarship.org Powered by the California Digital Library University of California CSD Center for the Study of Democracy An Organized Research Unit University of California, Irvine www.demo.uci.edu This paper demonstrates that majority rule is the decision rule that provides most protection for the worst-off minority. Dahl (1956, 1988) argues that the values of popular sovereignty and political equality dictate the use of majority rule. However, there are other values that we need to take into account besides popular sovereignty and political equality, notably the protection of minority rights and stability. Thus it is commonly argued that there is a trade- off between political equality (maximized by majority rule) and minority protection (better provided by systems with external checks and balances, which require more than a simple majority to enact legislation). This paper argues that this trade-off does not exist and that actually majority rule provides most protection to minorities. Furthermore it does so precisely because of the instability inherent in majority rule. Majority rule is the only decision rule that completely satisfies political equality. May (1952) shows that majority rule is the only positively responsive voting rule that satisfies anonymity (all voters are treated equally) and neutrality (all alternatives are treated equally). If we use a system other than majority rule, then we lose either anonymity or neutrality. That is to say, either some voters must be privileged over others, or some alternative must be privileged over others. -
The Majoritarian Difficulty and Theories of Constitutional Decision Making
THE MAJORITARIAN DIFFICULTY AND THEORIES OF CONSTITUTIONAL DECISION MAKING Michael C. Dorf* Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the “counter-majoritarian difficulty.” Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel’s worry, it raises a distinct one: Are courts that roughly follow public opinion capable of protecting minority rights against majoritarian excesses? Do American courts, in other words, have a “majoritarian difficulty?” This Article examines that question from an interpretive perspective. It asks whether there is a normatively attractive account of the practice of judicial review that takes account of the Court’s inability to act in a strongly counter-majoritarian fashion. After highlighting difficulties with three of the leading approaches to constitutional interpretation— representation-reinforcement, originalism, and living constitutionalism—the Essay concludes that accounts of the Court as a kind of third legislative chamber fit best with its majoritarian bias. However, such third-legislative-chamber accounts rest on libertarian premises that lack universal appeal. They also lack prescriptive force, although this may be a strength: Subordinating an interpretive theory—such as representation-reinforcement, originalism, or living constitutionalism—to a view of judicial review as a form of third-legislative-chamber veto can ease the otherwise unrealistic demands for counter-majoritarianism that interpretive theories face. -
Majoritarian Politics in Sri Lanka: the ROOTS of PLURALISM BREAKDOWN
Majoritarian Politics in Sri Lanka: THE ROOTS OF PLURALISM BREAKDOWN Neil DeVotta | Wake Forest University April 2017 I. INTRODUCTION when seeking power; and the sectarian violence that congealed and hardened attitudes over time Sri Lanka represents a classic case of a country all contributed to majoritarianism. Multiple degenerating on the ethnic and political fronts issues including colonialism, a sense of Sinhalese when pluralism is deliberately eschewed. At Buddhist entitlement rooted in mytho-history, independence in 1948, Sinhalese elites fully economic grievances, politics, nationalism and understood that marginalizing the Tamil minority communal violence all interacting with and was bound to cause this territorialized community stemming from each other, pushed the island to eventually hit back, but they succumbed to towards majoritarianism. This, in turn, then led to ethnocentrism and majoritarianism anyway.1 ethnic riots, a civil war accompanied by terrorism What were the factors that motivated them to do that ultimately killed over 100,000 people, so? There is no single explanation for why Sri democratic regression, accusations of war crimes Lanka failed to embrace pluralism: a Buddhist and authoritarianism. revival in reaction to colonialism that allowed Sinhalese Buddhist nationalists to combine their The new government led by President community’s socio-economic grievances with Maithripala Sirisena, which came to power in ethnic and religious identities; the absence of January 2015, has managed to extricate itself minority guarantees in the Constitution, based from this authoritarianism and is now trying to on the Soulbury Commission the British set up revive democratic institutions promoting good prior to granting the island independence; political governance and a degree of pluralism. -
Preventing Mob Rule
In a democracy, the people rule. This means that if a majority of HANDOUT: the public demands a law or public policy, elected leaders have an obligation to seriously consider that demand. However, sometimes the majority demands a law or public policy Preventing that could trample the rights of minorities. The phenomena of the majority wanting to trample the rights of a minority is also known as Mob Rule: ochlocracy, or mob rule. Passing a Law To keep ochlocracy at bay, liberal democracies spread power amongst several institutions. The separate powers of the Senate, the House of Commons, and even the Queen illustrate how the power to create and enact laws is spread amongst different institutions in Canada. Each institution can act as a check on the power of the others. By having power spread across institutions, the law-creation process can be more reasoned and less mob-like. There are more opportunities to consider positions, consult experts, and ask questions. This helps temper emotions, protect minority rights, and promote reason when creating laws. The Path to Creating a Law In Canada, the federal government cannot simply declare a law, without a debate and without that law being subjected to reviews and consideration. The rule of law requires that there are open and established processes to guide the creation of laws. The process below outlines the steps to creating most federal laws in Canada. The process for creating laws at the provincial level is similar, except that there is no Senate review of provincial laws. Three Readings When a proposed law—also known as a bill—is first introduced in the House of Commons, it must pass a series of three votes. -
Spooked by the Demos: Aristotle's Conception of the Good Citizenry
Problematique Issue 11 (Spring) 2007 Bell: Spooked by the Demos Spooked by the Demos: Aristotle’s Conception of the Good Citizenry Against the Mob Colleen Bell This article addresses two aspects of Aristotle’s The Politics.1 The first concerns his conception of the good citizenry and the second concerns the character that he attributes to a politically active demos. At times, Aristotle refers to this latter category as the ‘mob’ which serves as the citizenry’s disruptive counterpart.2 I explore how the ideas of rationality, virtue and excellence are used to characterize the good citizenry, while the mob, driven by passion, moral depravity and irrationality, is represented as its alterity. The relationship between the good citizenry and the mob, I argue, is critical to the image that Aristotle casts of the best possible constitution; one designed to be largely invulnerable to revolution and to the formation of an active, democratic polity. His awareness of the potential for the demos to transform into a form of ‘mob rule’ leads him to compromise the ideal constitution, composed of a wholly ‘rational’ and ‘virtuous’ citizenry, by extending citizenship rights to a limited and select portion of the demos in order to minimize the likelihood of mob driven revolution. Aristotle provides the classical account of the citizen as one who has both the knowledge, and the ability to rule and be ruled. 3 Key is the idea that while ‘man’ is distinguished by reason, not all ‘men’ posses sufficient reason to warrant citizenship. 4 In holding that not all of humanity has the capacity to rule, essential to his conception of the good citizen is the willful exclusion of women, slaves, immigrants, and children from both political subjectivity and participation. -
A Measure of Detachment: Richard Hofstadter and the Progressive Historians
A MEASURE OF DETACHMENT: RICHARD HOFSTADTER AND THE PROGRESSIVE HISTORIANS A Thesis Submitted to the Temple University Graduate Board In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS By Wiliiam McGeehan May 2018 Thesis Approvals: Harvey Neptune, Department of History Andrew Isenberg, Department of History ABSTRACT This thesis argues that Richard Hofstadter's innovations in historical method arose as a critical response to the Progressive historians, particularly to Charles Beard. Hofstadter's first two books were demonstrations of the inadequacy of Progressive methodology, while his third book (the Age of Reform) showed the potential of his new way of writing history. i TABLE OF CONTENTS Page ABSTRACT.......................................................................................................................i CHAPTER 1. A MEASURE OF DETACHMENT..........................................................................1 2. SOCIAL DARWINISM IN AMERICAN THOUGHT………………………………………………26 3. THE AMERICAN POLITICAL TRADITION…………………………………………………………..52 4. THE AGE OF REFORM…………………………………………………………………………………….100 5. CONCLUSION…………………………………………………………………………………………………139 BIBLIOGRAPHY…………………………………………………………………………………………………………..144 CHAPTER ONE A MEASURE OF DETACHMENT Great thinkers often spend their early years in rebellion against the teachers from whom they have learned the most. Freud would say they live out a form of the Oedipal archetype, that son must murder his father at least a little bit if he is ever to become his own man. -
From Participatory Democracy to Digital Democracy
Fast Capitalism ISSN 1930-014X Volume 1 • Issue 2 • 2005 doi:10.32855/fcapital.200502.003 From Participatory Democracy to Digital Democracy Mark Kann Tom Hayden posted on his website, http://www.tomhayden.com, an article he coauthored with Dick Flacks to commemorate the fortieth anniversary of the Port Huron Statement. The two SDS founders concluded, “Perhaps the most important legacy of the Port Huron Statement is the fact that it introduced the concept of participatory democracy to popular discourse and practice.” The concept of participatory democracy encompassed values such as equality, decentralization, and consensus decision-making. It provided direction for “all those trying to create a world where each person has a voice in the decisions affecting his or her life.” [1] In this article, I suggest that Port Huron’s concept of participatory democracy included some ideas that were potentially antithetical to democracy and that potential, unfortunately, is being fulfilled in contemporary theories of digital democracy. The Port Huron Statement Revisited The Port Huron Statement contained two underlying themes that potentially subverted democratic equality. One was the notion that the American people were fundamentally flawed, most apparently, by their apathy. The other was that the best means to eliminate this flaw was to follow the lead of rational, deliberative activists. Both themes could be (and would be) used to justify political inequalities. Port Huron’s student-authors expressed a dim view of American citizens. The American people had closed minds. They exhibited a foolish confidence that the nation could muddle through its problems. They harbored a false sense of contentment, “a glaze above deeply felt anxieties,” arising out of loneliness, isolation, and estrangement. -
Tyranny of the Majority Examples
Tyranny Of The Majority Examples Webster remains cricoid after Tedmund nicknames archaeologically or propitiated any Carla. Viviparous and involutional Thedrick never revile bearishly when Berk salvage his trepang. Is Sim submontane or handcrafted after bothered Herbie props so flickeringly? Suppose for example clean your city adopts a multi-member district system establishing one large compartment to choose six members of the city fine If the east has. Wiktionary43 6 votesRate this definition tyranny of the majorityNoun A flourish in battle a government or project authority democratically supported by a. Is the Swiss burka ban a tyranny of the majority SWI. Chapter XV Unlimited Power Of Majority And Its ConsequencesPart I. The cancel of liberalism Against the tyranny of the majority. The Tyranny of the Majority A Plebiscite Betrays Liberal ABC. Includes the following examples in italics I include contemporary US equivalents of these. Does the Amendment Risk Tyranny by Majority or Minority. What got some examples of tyranny of the majority Quora. Alexis de Tocqueville on the Tyranny of the Majority. The county what are the examples of human rights are accused. There have stood many examples of kings emperors dictators plutocracies and oligarchies. Constitutional Ignorance Led from a Tyranny of the Majority. Tyranny of the majority a paradox in democracies. United states has been either been unable to majority is more particularly brought to attain your bibliography or less difficult to, majorities and get a civilized. Tocqueville's famous argument about majority tyranny in Democracy in. The plank in de Tocqueville's America Constitutional Rights. I'm writing a paper apply the tyranny of the majority using both score and Hegel as examples of what is lost paperwork such a tyranny I think someone could. -
Majority Rule and Minority Rights at the Constitutional Convention John Patrick Coby Smith College, [email protected]
Masthead Logo Smith ScholarWorks Government: Faculty Publications Government Winter 2016 The Long Road Toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention John Patrick Coby Smith College, [email protected] Follow this and additional works at: https://scholarworks.smith.edu/gov_facpubs Part of the American Politics Commons Recommended Citation Coby, John Patrick, "The Long Road Toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention" (2016). Government: Faculty Publications, Smith College, Northampton, MA. https://scholarworks.smith.edu/gov_facpubs/1 This Article has been accepted for inclusion in Government: Faculty Publications by an authorized administrator of Smith ScholarWorks. For more information, please contact [email protected] The Long Road toward a More Perfect Union: Majority Rule and Minority Rights at the Constitutional Convention JOHN PATRICK COBY ABSTRACT On the eve of the Constitutional Convention, James Madison developed a new theory of republicanism, one that would allow union on a scale previously thought impossible. The extended republic, buttressed by constitutional safeguards republican in nature, would, he argued, protect the rights of minorities without compromising the majority’s right to rule. But Convention delegates, unimpressed with Madison’s new theory, grav- itated toward constitutional safeguards more mixed-regime in nature and so produced a constitution incompletely republican. This article examines the three minority interests that most occupied the delegates’ attention: small states, all states, and southern states; further, it employs three criteria for determining the presence of republican or mixed- regime protections: strength of constitutional barrier, cohesion of defenders, and duration of defense. The article’s conclusion reflects on the consequences of a constitution partly republican and partly mixed-regime. -
Preventing Mob Rule
There are many ways that ochlocracy, or the rule of the mob, is HANDOUT: curtailed in Canada. Requiring that legislation be approved by the House of Commons, the Senate, and even the Queen is one of the protections we have against mob rule. The review of proposed legislation by specialised committees of both the House of Commons Preventing and the Senate is another way that we try to ensure that our laws Mob Rule: The respect reason and uphold minority rights. Yet another way that Canada’s liberal democracy is designed to Courts and uphold the values of reason and protect minority rights is our constitution. The Constitution Act and the Charter of Rights and the Charter Freedoms are the highest laws in the country. They spell out what the government has the authority to do, and codify the rights and of Rights and freedoms of all Canadians. When questions arise as to whether or not the government is Freedoms respecting the constitution or the Charter, the courts may be asked to decide. Courts are independent of government. They have the power to rule on whether or not legislation respects the constitution and the Charter. If a court determines that some aspect of a law is contrary to the constitution or the Charter, the non-conforming parts of the law will be of no force or effect. Tyranny of the Judiciary? The power of the courts to rule on whether or not laws are constitutionally valid has led some people to suggest that there is a “tyranny” of the judiciary.