Friday, June 5, 2015

Pure rule by majority not necessarily compatible with Rule of Law principle


Republics exercise governmental authority through mediating representatives under the rule of law.

Pure democracies on the other hand exercise governmental authority through the imposition of the will of the majority without regard for the concerns of any minority – thus allowing law to be subject to the whims, fashions, and fancies of men.

The Founders designed federal system of the United States so that the nation could be, as John Adams described it, a "government of law, not of men."

The Founders thus expressly and explicitly rejected the idea of a pure democracy, just as surely as totalitarian monarchy, because as James Madison declared "democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have in general been as short in their lives, as they have been violent in their deaths."

The rule of the majority does not always respect the rule of law, and is as turbulent as the caprices of political correctness or dictatorial autonomy.

Indeed, history has proven all too often that democracy is particularly susceptible to the urges and impulses of mobocracy.

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http://getrealphilippines.com/blog/2015/06/perhaps-it-is-time-the-philippines-balkanize/#comment-1172646

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