The existence of democracy is dependent on the constitution, the rule of law, and a competent legal framework to address injustices and inequalities. Some people criticize democracy which involves the majority rule as often leading to socio-economic and political inequalities that disproportionately affect the minority population of a society. The constitution, the rule of law, and a competent legal framework have been crucial in supporting and promoting socio-economic and political justice by addressing historic injustices perpetuated due to racism constructs and practices in American history. The survival of a democracy depends on the capacity of the legal and justice system to address crucial challenges such as constitutional violations and conflict resolution through the interpretation and implementation of the constitution. Although criticized as the majority rule often led to socio-economic and political inequalities that disproportionately affect the minority population of a society, the existence of democracy is dependent on the constitution, the rule of law, and a competent legal framework to address injustices and inequalities because they have been crucial in supporting socio-economic and political justice by addressing historic injustices perpetuated due to racism constructs and practices in American history.
Despite the various critics posed on the rule, democracy is dependent on the constitution, and the rule of law, to address injustices and inequalities because the three are crucial in supporting socio-economic and political justice. The constitution-making process has various bodies that democracy relies on in one way or another. These bodies include constitutional commissions, executive bodies, national conferences, round tables, constituent legislatures, and constituent conventions (Negretto 256). Constituent conventions and constituent legislatures are the most common instances in democratic settings where democratic issues are addressed before being put in the constitution (Negretto 256). Among the issues eventually placed in the constitution address the issues of democracy like racism and religion. The author writes, “Some believe that the rule of law includes protecting fundamental rights. Some believe that democracy is part of the rule of law. Some believe that the rule of law is purely formal, requiring only those laws be set out in advance in general, clear terms, and be applied equally to all.” (Zalnieriute et al. 427). This nature of the rule of law makes it address many democratic issues depending on what people believe. Therefore, the constitution and the rule of law are crucial in ensuring democracy is upheld.
A competent legal framework plays a significant role in addressing injustices and inequalities. A competent legal framework is a framework that is inclusive of everyone in his plans and ensures that everyone is treated equally. International programs help make some countries’ legal frameworks competent—for example, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The United Nations General Assembly adopted CEDAW in 1979, and about 187 countries have ratified the convention since then (Abril Stoffels 1317). The various state leaders in the member states “use it to revise constitutions, change discriminatory laws, and influence court decisions” (Abril Stoffels 1317). This way, the convention helps countries that have ratified it has a competent legal framework focused on promoting its citizens. One of the primary aims of a brilliant legal framework is to fully ensure every citizen in a country enjoys their human rights and other freedoms in the constitution. Therefore, the framework plays one of the significant parts in addressing inequalities and ensuring that justice is upheld in a country.
Of course, not everyone agrees with the use of majority rule in ruling people. Some people criticize it as it leads to socio-economic and political inequalities that disproportionately affect the minority population of the society. One of the reasons the people believe so is because majority rule involves democracy by using the majority of people who support a point. Therefore, a decision is made if the majority of the people support it. This makes them feel that people who are the majority in the society use this advantage to oppress the minority groups because they will always use their numbers to ensure that the things they want to be passed are passed. They also believe that this makes the minority group in the society have no say in socio-economic and political activities. On the contrary, that’s not the case. This is because majority rule has shown great positive results as far as exercising justice is concerned. Many oppressing laws have been pulled down using the majority rule. Therefore, majority rule does not oppress the minority but gives everyone in the society to stand with what they think is the best thing for the nation’s welfare.
References
Negrette, Gabriel L. “Democratic constitution-making bodies: The perils of a partisan convention.” International Journal of Constitutional Law 16.1 (2018): 254-279. https://doi.org/10.1093/icon/moy003
Zalnieriute, Monika, Lyria Bennett Moses, and George Williams. “The rule of law and automation of government decision‐making.” The Modern Law Review 82.3 (2019): 425-455. https://doi.org/10.1111/1468-2230.12412
Abril Stoffels, Ruth. “The role of the CEDAW Committee in implementing public policies on gender issues: analysis through a study of the protection of girls’ rights in Spain.” The International Journal of Human Rights 23.8 (2019): 1317-1336. https://doi.org/10.1080/13642987.2019.1603144
Negrette, Gabriel L. “Democratic constitution-making bodies: The perils of a partisan convention.” International Journal of Constitutional Law 16.1 (2018): 254-279. https://doi.org/10.1093/icon/moy003
Zalnieriute, Monika, Lyria Bennett Moses, and George Williams. “The rule of law and automation of government decision‐making.” The Modern Law Review 82.3 (2019): 425-455. https://doi.org/10.1111/1468-2230.12412
Abril Stoffels, Ruth. “The role of the CEDAW Committee in implementing public policies on gender issues: analysis through a study of the protection of girls’ rights in Spain.” The International Journal of Human Rights 23.8 (2019): 1317-1336. https://doi.org/10.1080/13642987.2019.1603144
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