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The US Constitution is a good example. The framers of the Constitution were highly suspicious of the concept of 'democracy', as they saw it as a way for 'mob rule' (perhaps a mob swayed by powerful oratory) to punish behaviour which was not unlawful. At its extreme, the legislature could also be swayed to pass laws which pleased the majority to the detriment of individuals. Their approach was to enshrine individual freedoms within the Constitution and allow only properly authorised courts to decide whether an action was lawful or not, within the terms of the Constitution and the laws passed under its cover. This was also part of the part of the checks and balances between the legislature, the executive and the judiciary in the US system. However, not all democracies have a Constitution and the laws protecting people are determined by the courts using precedents (past decisions) as their guide It is interesting that the word democracy does not appear in the Declaration of Independence, the Constitution or the Articles of Association. Some people have called Democracy, ' the tyranny of half plus one'.

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Q: In an democracy the majority cannot punish behavior protected by the Constitution?
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How many times does the word democracy appear in the you s constitution?

None. America is a Constitutional Republic, not a Democracy. A Democracy ruled by the majority can be persuaded to take away freedoms and property. Under a Constitutional Republic, such power does not exist.


Which section of the Declaration of Independence defines democracy?

The first section of the Declaration of Independence defines democracy.


What is a type of government in which supreme authority rests with the majority of the people?

DEMOCRACY


What type of government did Americans set up after the American revolution?

A constitutional republic. The word Democracy never appears in the constitution and as a matter of fact many of the founding fathers actually HATED democracy. This is because democracy states that 51% of the population can take away the rights of the 49. We are a republic, so minority rights are protected (we are all minorities with respect to something -- they were not referring to race or religion when speaking of minority rights). Democracy is a form of tyrany since a "bare" majority can override the will of 49%. It is true that a 'constitutional republic' is a FORM of democracy. But that's like saying the house and senate are the same because they both cast votes. False logic.


What does it mean to entrench rights in the constitution?

it is where the constitution is protected through it's own laws and regulations. For some countries, there must be a certain amount of public support as well as support from a certain number of members of the government. E.g. In America, to change the constitution, the government must have a majority of it's members must agree as well as 2/3s of the states must agree in order to change a part of their constitution. In the UK, entrenchment doesn't exist. Parliament could change the constitution as they please as they are sovereign (the ultimate power in the UK), although government can change the constitution as much as they can (needing an overall majority within government) parliament still have the last word of the matter. There is no need for entrenchment in the UK as it uses an uncodified constitution and therefore a majority of the constitution isn't written on a document, but can easily be changed by the government or parliament (but is unlikely without consulting the public via a referendum as this could lead to considered dictatorship and could threaten democracy and the people would not like this and would protest).

Related questions

The rights of what must be protected in order for democracy to exist?

The rights of the minority must be protected from the tyranny of the majority


When the will of the majority is exercised the rights of the must be protected in order for democracy to exist?

minority


When the will of the majority is exercised the rights of the BLANK must be protected in order for democracy to exist?

minority


When the will of the majority is exercised the rights of the must be protected on order for democracy to exist?

Minority... for Novanet


Is the US a democracy why or why not?

In a democracy you have majority rules. The can make whatever law they want because they have no constitution or charter to limit them. The USA doesn't have a democracy. It has a federal constitutional republic which is supposed to rule based on the constitution. It's meant to be limited by what the constitution allows.


The Constitution and the principles of representative democracy helped dispel the framers' fear of a?

tyranny of the majority


When the will of majority is exercised the rights of blank must be protected in order for democracy to exist?

Minority for nova net


How does a democracy work to protect the rights and ideas of the majority and the minorities in a society?

A democracy protects the rights and ideas of the majority through the vote or ballot in which the majority rules. A democracy protects the rights and ideas of a minority only if it also has a supreme law such as a constitution that puts limits on what the majority rule may do.


Is the us a democracy with a government and laws based on the constitution or is the us a democracy with a government and laws made by the president?

neither. The US is NOT a Democracy, but a representative Republic. In a Democracy the minority is not protected from the majority. This is often illustrated with the metaphor that a democracy is two wolves and a sheep voting on what's for dinner. The laws in the US are created by the congress, approved by the President, and validated to be constitutional by the Supreme Court in a delicate system of checks and balances.


Did the framers of the Constitution believe that all policy decisions should be made by majority vote of the people?

yes, because they were advocates of direct democracy


How many times does the word democracy appear in the you s constitution?

None. America is a Constitutional Republic, not a Democracy. A Democracy ruled by the majority can be persuaded to take away freedoms and property. Under a Constitutional Republic, such power does not exist.


What is the difference between a direct democracy and a republican form of government?

These two forms of government: Democracy and Republic, are not only dissimilar but antithetical, reflecting the sharp contrast between (a) The Majority Unlimited, in a Democracy, lacking any legal safeguard of the rights of The Individual and The Minority, and (b) The Majority Limited, in a Republic under a written Constitution safeguarding the rights of The Individual and The Minority.