Q1. Examine the basic tenants of Liberal Democracy.

Introduction

• Liberal democracy, also referred to as Western democracy, is a political ideology and a form of government in which representative democracy operates under the principles of liberalism. 
• Liberal democratic theory is a political ideology that combines liberal principles with democratic governance.
• It emphasizes individual rights, limited government intervention, and the rule of law.
• Liberal democracy seeks to protect individual freedoms while ensuring that political power is exercised by the people through free and fair elections.

Key Tenets of Liberal Democratic Theory

Individual Rights

• Emphasis on Personal Liberties: Liberal democratic theory places a strong emphasis on protecting individual rights and freedoms, such as freedom of speech, religion, and assembly.
• Inherent Rights: It recognizes that individuals have inherent rights that should be safeguarded by the state, ensuring personal autonomy and liberty.

Limited Government Intervention

• Minimal State Role: Liberal democratic theory advocates for a limited role of government in the lives of individuals and society.
• Personal Choice and Interests: It argues that government intervention should be minimal, allowing individuals to make their own choices and pursue their own interests without undue state interference.

Rule of Law

• Legal Equality: Liberal democratic theory emphasizes the importance of the rule of law, which means that all individuals, including government officials, are subject to and must abide by the law.
• Fair and Impartial Processes: It ensures that no one is above the law and that legal processes are fair and impartial, maintaining justice and order.

Free and Fair Elections

• Democratic Participation: Liberal democratic theory believes in the importance of free and fair elections as the means to choose representatives and leaders.
• Political Equality: It emphasizes the principle of political equality, where every citizen has an equal opportunity to participate in the political process, ensuring a representative government.

Pluralism and Tolerance

• Recognition of Diversity: Liberal democratic theory promotes pluralism, recognizing and respecting diverse opinions, beliefs, and values within society.
• Encouragement of Tolerance: It encourages tolerance and peaceful coexistence among different groups, fostering a society that values diversity and inclusivity.

Protection of Minority Rights

• Safeguarding Marginalized Groups: Liberal democratic theory emphasizes the protection of minority rights, ensuring that the rights of marginalized and disadvantaged groups are not violated.
• Preventing Majority Tyranny: It seeks to prevent the tyranny of the majority and promotes inclusivity and equal treatment for all individuals.

Constitutional Principles

• Separation of Powers: Liberal democratic theory is characterized by a separation of powers into different branches of government to prevent abuse of power.
• Market Economy with Private Property: It supports a market economy with private property rights, fostering economic freedom and growth.
• Equal Protection of Rights: The theory upholds the equal protection of human rights, civil rights, civil liberties, and political freedoms for all people, ensuring justice and fairness.

Modern Democracy and Constitutionalism

• Post-World War II Balance: After World War II, a balance between democracy and liberal principles emerged, redefined by the totalitarian experiences of mid-20th century Europe.
• Combination of Traditions: The combination of liberalism and democracy is seen in the defense of human rights and individual liberty (liberal tradition) alongside equality and popular sovereignty (democratic tradition).

Liberal Constitutionalism

• Defense Against Coercion: Constitutional liberalism means the defense of individual autonomy and dignity against arbitrary coercion, whether social, public, or ecclesiastical.
• Value of Individual Freedom: It affirms the value of individual freedom and places the rule of law at the center of policy.
• Division of Powers: Liberal constitutionalism includes the division of powers, equal justice under law, an independent judiciary, and the separation of state and church to protect fundamental freedoms.

Limitation of True Democracy

• Inviolable Individual Rights: The principles of liberal democracy introduce inviolable rights of individuals and define constitutional principles that limit the freedom of the nation as a constituent power.
• Constitutional Governance: It sets rules governing the political system’s functioning, such as the rule of law and constitutional amendments, ensuring a balanced and fair governance structure.

Thinkers’ Perspectives

• John Locke: Locke argued that individuals have natural rights to life, liberty, and property. He believed that governments should be based on a social contract, where citizens willingly give up some of their rights in exchange for protection and the rule of law.
• John Stuart Mill: Mill advocated for the principle of utilitarianism, which promotes the greatest happiness for the greatest number of people. He emphasized the importance of individual liberty and freedom of expression, even if it goes against the majority opinion.
• Jean-Jacques Rousseau: Rousseau believed in the concept of the general will, where decisions should be made in the best interest of the entire community. He argued for direct democracy and the active participation of citizens in decision-making processes.
• Immanuel Kant: Kant emphasized the importance of moral autonomy and the dignity of individuals. He believed that individuals should be treated as ends in themselves, rather than means to an end, and that governments should respect and protect their rights.

Macpherson’s Perspective

C.B. Macpherson (1911-87) was a contemporary exponent of the radical theory of Democracy, MacPherson has sought to broaden the scope of democracy and to redefine its essential conditions in contemporary context.

In his monograph, The Real World of Democracy (1966), Macpherson argued that the liberal societies which grant universal suffrage, a choice between political parties, and civil liberties, have no exclusive claim to the title of democracy.

Macpherson identifies three variants of democracy:

• The first variant is, liberal democracy which needs a more humane touch. 
• Secondly, Communist countries might qualify as democracies if they granted full intra-party democracy and opened up their closed bureaucratic systems.
• At last, the third World countries, which have no experience of Western individualism, could also conform to the ideals of some historical theories of democracy as far as their governments are legitimized by mass enthusiasm.

Macpherson has emphasized a new theory of democracy based on a humanist vision; which will emancipate human beings from the constraints of the prevailing competitive social order of the capitalist world and usher in a new society which will promote ‘creative freedom’. 

• In his Book Democratic Theory—Essays in Retrieval (1973), Macpherson has attacked the elitist-pluralist theory of democracy as well as Utilitarian theory of democracy.
  • He firmly believed that democracy as an ideal can neither be achieved only through political institutions, nor only through a transformation of the mode of production.
  • It has to be achieved in all spheres simultaneously: in the legal and political sphere through constitutional structures; in the economic sphere through socialist mode of material production; and in the cultural sphere through inculcation of new values of human equality, and so on.
• MacPherson advocates to combine a system of socialist ownership with the institutions of liberal democracy in order to prevent the use of extractive power and to promote developmental powers of all human beings.
  • He recommends the expansion of welfare-state functions to facilitate allocation of goods and services to the people on grounds of need rather than desert determined by the rules of the capitalist economy. 

Thus, he seeks to evolve a system in which the advantages of capitalist and socialist societies shall be combined.

Application

• Democratic Institutions: Liberal democratic theory is applied in the establishment and functioning of democratic institutions, such as parliaments, courts, and electoral commissions, to ensure the principles of democracy are upheld.
• Constitutional Framework: Liberal democratic principles guide the drafting and implementation of constitutions, which outline the structure of government, the protection of individual rights, and the division of powers.
• Human Rights Protection: Liberal democracies actively promote and protect human rights through legislation, policies, and international agreements.
• Civil Society Engagement: Liberal democracies encourage the participation of civil society organizations, such as NGOs and advocacy groups, in the decision-making process and policy formulation.
• Judicial Independence: Liberal democratic principles support the independence of the judiciary, ensuring impartiality and fairness in the interpretation and application of the law.
• Media Freedom: Liberal democracies prioritize media freedom, allowing journalists to report without censorship or intimidation, fostering transparency and accountability.

Liberal constitutionalism precedes liberal democracy

• Historical development: Liberal constitutionalism emerged before the establishment of liberal democracy. It originated in the late 17th and 18th centuries with the Enlightenment era and the rise of constitutional monarchies, such as in England with the Glorious Revolution of 1688.
• Protection of individual rights: Liberal constitutionalism focuses on safeguarding individual rights and limiting the power of the government through a written constitution. This emphasis on protecting individual liberties laid the foundation for the later development of liberal democracy.
• Rule of law: Liberal constitutionalism emphasizes the rule of law, where laws apply equally to all citizens, including those in power. This principle ensures that the government operates within the boundaries set by the constitution, promoting accountability and fairness.
• Separation of powers: Liberal constitutionalism advocates for the separation of powers among different branches of government, such as the executive, legislative, and judicial branches. This separation prevents the concentration of power in one entity and promotes checks and balances, which are essential elements of liberal democracy.
• Limited government: Liberal constitutionalism promotes the idea of limited government, where the powers and authority of the government are restricted by the constitution. This limitation prevents the government from infringing upon individual rights and allows for the protection of civil liberties.
• Consent of the governed: Liberal constitutionalism recognizes the importance of the consent of the governed in the exercise of political power. This principle implies that the government derives its legitimacy from the consent of the people, which is a fundamental aspect of liberal democracy.
• Protection of minority rights: Liberal constitutionalism emphasizes the protection of minority rights, ensuring that the rights of individuals or groups who may be in the minority are not disregarded or violated. This principle is crucial for the establishment of inclusive and pluralistic liberal democracies.
• Evolution towards liberal democracy: Liberal constitutionalism serves as a stepping stone towards the establishment of liberal democracy. It provides the necessary framework and principles that lay the groundwork for democratic governance, including free and fair elections, political participation, and respect for human rights.

Contemporary examples

• United States: The United States is often seen as a prime example of a liberal democracy, with its system of checks and balances, regular elections, and protection of individual rights.
• Germany: Germany is another example of a liberal democracy, with a strong emphasis on human rights, rule of law, and a multi-party system.
• Canada: Canada is known for its parliamentary democracy, where citizens elect representatives to the House of Commons, and the leader of the party with the most seats becomes the Prime Minister.
• India: India is the world’s largest democracy, with a diverse population and a federal system of government. It has a multi-party system and regular elections.
• South Africa: After the end of apartheid, South Africa transitioned to a liberal democracy with a constitution that protects individual rights and a multi-party system.
• Australia: Australia has a parliamentary democracy, with a constitutional monarchy and a system of representative government.
• Brazil: Brazil is a federal republic with a multi-party system and regular elections. It has made significant progress in recent years in consolidating its democracy.
• Japan: Japan has a constitutional monarchy with a parliamentary system, where the Emperor serves as a ceremonial figurehead and the Prime Minister is the head of government.

Critiques and Challenges of Liberal Democratic Theory

• Elite domination: Critics argue that liberal democracies are often dominated by a small elite who have disproportionate influence over political decisions and policies.
• Inequality: Liberal democracies may struggle to address economic and social inequalities, as the focus on individual rights and freedoms may not adequately address systemic issues.
• Tyranny of the majority: There is a concern that liberal democracies can lead to the tyranny of the majority, where the rights and interests of minority groups are disregarded or oppressed.
• Voter apathy: Many liberal democracies face challenges of voter apathy, with low voter turnout in elections, which can undermine the legitimacy and representativeness of the democratic process.
• Populism: The rise of populism in liberal democracies poses a challenge, as populist leaders often exploit divisions and promote policies that undermine democratic norms and institutions.
• Media influence: The concentration of media ownership and the spread of misinformation can undermine the democratic process by shaping public opinion and limiting access to diverse perspectives.
• Globalization: Globalization has created challenges for liberal democracies, as it has led to increased economic interdependence and the erosion of national sovereignty, making it difficult for governments to address domestic issues effectively.
• Rise of authoritarianism: The rise of authoritarian leaders and the erosion of democratic norms in some countries pose a significant challenge to the liberal democratic theory, as it undermines the principles of individual rights, rule of law, and free and fair elections.

Conclusion

To conclude we can say that liberal constitutionalism is prerequisite of liberal democracy for the establishment of a liberal democracy or democracy in true sense. The notion of liberal constitutionalism compliments and completes the idea of liberal democracy. Liberal democracy is inseparable from free market and property rights.