Tutorials start next week!

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Tutorials start next week!

• Make sure you know where you need to be, and when.

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From Last DayDemocratic Ideals

• political equality
• majority rule
• popular sovereignty
• political liberty (rights and freedoms)
• minority rights
• political competition
• rule of law
• How can we put these ideals into practice?

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If, in a democracy, power in some way resides
with the people, what would this look like?
Citizens participate indirectly (voting)
Citizens participate directly (deliberation)
Democratic Elitism
Deliberative Democracy
Popular sovereignty, political equality, majority
rule, political liberty, minority rights,
political competition, rule of law
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Democratic Elitism

• Citizens delegate law-making authority to elected
  representatives
• assumes that direct citizen participation is
  unrealistic and undesirable
• system is democratic because elites must compete
  for votes of citizens
• ? indirect

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Deliberative Democracy

• Argues that it is not enough for citizens to vote
  for their representatives
• they must have an opportunity to take part in
  political debate on issues, help to form
  consensus
• ? direct

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How to realize Deliberative Democracy?
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Not only is Democracy a set of ideals. it is a
framework of institutions and procedures for
putting these ideals into practice.How do we
design Democracy???Different countries have
takendifferent approaches
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Institutional Frameworks IConstitutions and
Rights

• January 17th

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http//www.canlii.org/en/ca/const/const1982.html
http//www.usconstitution.net/const.txthttp//ww
w.juridicas.unam.mx/infjur/leg/constmex/pdf/consti
ng.pdf
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Constitutions...

• are fundamental they provide body of rules and
  principles according to which a state is governed
• who/what institutions are to carry out major
  functions of government (e.g., U.S.)
• and how to change these
• basic rights and obligations of citizens
• http//www.departments.bucknell.edu/russian/const/
  ch2.html
• basic source of national law!

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Constitutions...

• Fulfill democratic requirement of rule of law
• Constitutionalism
• constitution is most fundamental principle of
  political life
• Vary in their approach
• e.g., U.S. vs. Russian Constitutions
• Written vs unwritten (uncodified)
• e.g., British vs American

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Britains Unwritten Constitution
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Constitutions contd

• lay foundation for power relations between
• different parts of state (horizontal power
  relations)
• different levels of govt (vertical power
  relations)
• government and citizens

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A constitution is also fundamental because it
lays out framework for power relations in country
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Relations between different parts of state
(horizontal power relations)

• Different parts of state analyzed under three
  functional headings
• legislative (law-makers)
• executive (law implementers)
• judicial (law adjudicators)
• three branches of government
• Some democracies concerned that power should be
  strictly divided among branches
• presidential (separation of power) system

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Relations between different parts of state
(horizontal power relations) contd

• Other democracies less concerned by concentration
  of power in one branch
• parliamentary (fusion of power) system
• Judiciary has role in umpiring disputes

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Relations between levels of govt (vertical power
relations)

• Unitary System central govt has power over
  regional governments
• e.g., Britain, France
• Federal System central and regional governments
  each have power, cannot overrule each other
• e.g., Canada, US, Mexico

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ETA Basque Fatherland and Freedom
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Relations between state and citizens

• British tradition parliament to safeguard
  rights of citizens, not courts
• vs.
• American tradition set out rights in Bill of
  Rights, enforced in courts

political liberty, political equality, minority
rights
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Type of Right Canada United States
Fundamental Freedoms Yes Yes
Democratic Rights Yes Yes
Legal Rights Yes Yes
Equality Rights Yes Yes
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Type of Right Canada United States
Fundamental Freedoms Yes Yes
Democratic Rights Yes Yes
Legal Rights Yes Yes
Equality Rights Yes Yes
Language Rights Yes No
Mobility Rights Yes No
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Type of Right Canada United States
Fundamental Freedoms Yes Yes
Democratic Rights Yes Yes
Legal Rights Yes Yes
Equality Rights Yes Yes
Language Rights Yes No
Mobility Rights Yes No
Bear Arms No Yes
Property No Yes
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