Question

Write a note on the constitutional and legal aspects of democracy. 5 marks

Answer 1

Answer:

Democracy is not just a government form. It's both a kind of state and a social order.

Explanation:

The Constitution is vital as its basic values control the nations and preserve individual rights. The constitution places the power of the government in the hands of the people. This limits the government's authority and establishes a regulation and balance mechanism. People govern through their elected representatives. These rulers who are elected take all the major decisions which are for the welfare of the people. All the voters have the same choice & opportunity; and the exercising of this option results in a democracy which is limited by basic constitutional laws and citizenship rights. For example, the  Bhutan King  said that the advice given to him by elected representatives will guide him in future.

Rule of law forbids individuals from using government influence at the detriment of other residents for their own sake. Because laws are made and changed within political systems. It is important for all citizens "to have an equal say" in a "democratic political system".  One of the aspects of democracy is that the rule of law, wherein the laws & procedures apply equally to all citizens. The state should uphold some of the citizens' fundamental rights. They should be free to think, to express opinions, to form associations, to protest and to do other political acts in public. In the light of the constitution, everyone will be equal. Such privileges must be safeguarded by an independent judiciary whose directives are complied with by all. For example, the Nepal king imposed a ban on demonstrations, political gatherings, &  rallies. This is considered not being in line with rule of law aspect of democracy .

In a CONSTITUTIONAL DEMOCRACY the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected. This is the form of democracy practiced in Germany, Israel, Japan, the United States, and other countries.

This framework is intended to assist interested persons in various nations in establishing or improving curricular programs which foster an understanding of and support for constitutional democracy. The outline must be adapted to fit the circumstances and needs of individual political communities.