university institute of legal studies

Panjab university Chandigarh

LIBERAL DEMOCRACY
INTRODUCTION, PRINCIPLES AND
MECHANISM

SEMESTER 2

Submitted To:
Dr. Sarabjit
Kaur
Professor UILS
 ACKNOWLEDGEMENT
First of all, we are thankful to God who blessed us with

patience and strength to complete the project report on

the topic ‘Liberal Democracy: Introduction, Principles

and Mechanism.’ Then, we would like to thank our

professor Dr. Sarabjit Kaur under whose guidance we

are able to complete our project for semester 2.

We would also like to thank the UILS department for

providing all the valuable sources and facilities

regarding our studies.

Last but foremost we would like to thank our parents

for providing us the support whenever needed.

Liberal Democracy
Introduction:
Democracy, it is frequently said, rests upon compromise. But
democratic theory itself is full of compromises-compromises of
clashing and antagonistic principles. Bernard Crick has pointed
out that democracy is the most promiscuous of political terms.
In the sense that the word means different things to different
people, democracy is an example of an ‘essentially contested’
concept. No settled model of democracy exists, only a number
of competing models. Nevertheless, a particular model or form
of democracy has come to dominate thinking on the matter, to
the extent that many in the West treat it as the only feasible or
meaningful form of democracy. This is Liberal Democracy. It is
found in almost all advanced capitalist societies and now
extends, in form or another, into parts of the former communist
world and the developing world.
The liberal element in liberal democracy emerged historically
some time before such states could genuinely be described as
democratic. Many Western stares, for instance, developed
forms of constitutional government in the nineteenth century,
at a time when the franchise was still propertied males. In fact,
women in Switzerland did not get the right to vote until 1971. A
liberal state is based on the principle of limited government,
the idea that the individual should enjoy some measure of
protection from the state. From the liberal perspective,
government is a necessary evil, always liable to become a
tyranny against the individual if government power is not
checked. Liberal democracies, moreover, respect the existence
of vigorous and healthy civil society, based upon respect for
civil liberties and property rights. Liberal-democratic rule
therefore typically coexists with a capitalist economic order.
However, although these features may be a necessary
precondition to democracy, they should not be mistaken for
democracy itself. The ‘democratic’ element in liberal
democracy is the idea of popular consent, expressed in practice
through the art of voting. Liberal democracy is thus a form of
electoral democracy, in that popular election is seen as the only
legitimate source of political authority. Such elections must,
however, respect the principle of political equality; they must
be based upon universal suffrage and the idea of ‘one person
one vote.’ The core of the democratic process is the capacity of
the people to call politicians to account.
The attraction of liberal democracy is its capacity to blend elite
rule with a significant measure of popular participation. Joseph
Schumpeter summed this up stating “that institutional
arrangement for arriving at political decisions in which
individuals acquire the power to decide by means of
competitive struggle for the people’s vote.” Thus, the virtues of
elite rule- government by experts, well-educated- are balanced
against the need for public accountability. Indeed, such a view
implies that in liberal democracies political power is the
ultimately wielded by voters at election time.

Principles of Liberal Democracy:

Liberal democracy works on certain principles. Broadly
speaking, principles of liberal democracy are as follows.

1. GOVERNMENT BY CONSENT:
Democracy is a government by consent of the people. Rational
consent can be obtained by persuasion for which an
atmosphere of free discussion is essential. Any regime where
the consent of the people is sought to be obtained without
freedom of expression of divergent opinions, does not qualify
for being called a ‘democracy’ even if it maintains certain
democratic institutions.
In view of the highly technical nature, the large volume and
urgency of governmental decisions, it is impractical to consult
people on every detail of ever policy. However, discussion of
the broad issues is indispensable. Discussion is held at two
levels: a) among the representatives of the people in legislative
assemblies where members of the opposition have a full say;
and b) at the public level where there is direct communication
between the leadership and the people. Mass media also serve
as effective channels of communication between the leadership
and the people. Democratic leadership is expected not to lose
touch with popular sentiment on the major outlines of policy as
the ruling parties are bound to seek a fresh mandate of the
people at regular intervals.

2. PUBLIC ACCOUNTABILITY:
Liberal democracy, based on the consent of the people, must
constantly remain answerable to the people who created it.
John Locke who thought of government as a ‘trustee’ of the
power vested in it by the people for the protection of their
natural right to life, liberty and property, nevertheless, felt
that it could not be fully trusted. He wanted people to remain
constantly vigilant. Jeremy Bentham envisaged liberal
democracy as a political apparatus that would ensure the
accountability of the governors to the governed. For
Bentham, both governors and the governed; as human
beings, want to maximize their happiness. The governors,
who are endowed with power, may tend to abuse it in their
self-interest. Hence, in order to prevent to abuse of their
power, governors should be directly accountable to an
electorate who will frequently check whether their objectives
have been reasonably meet.
John Stuart Mill, in his essay On Liberty, declared the aim of
his work to elaborate and defend a principle which will
establish ‘the nature and limits of the power which can be
legitimately exercised by society over the individual.’ In
previous eras, Mill observed tyranny was something
experienced by the majority of a nation’s people at the
hands of a minority so there was no danger of the majority
‘tyrannizing over itself.’ But with the emergence pf large
democratic nations, a need was created for the people ‘to
limit their power over themselves.’ The aim of the essay
 then, was to identify the principles in accord with which the
people should secure this limitation. Most of the essay is
devoted to explication and defence of Mill’s claim that ‘the
only purpose for which can be rightfully exercised over any
member of a civilized community, against his will, is to
prevent harm to others.
Jean-Jacques Rousseau, the exponent of popular sovereignty,
postulated public accountability of government in a different
way. In his concept of ‘social contract’, sovereignty not only
originates in the people, it continues to stay with the people
in the civil society. As a votary of ‘direct democracy’,
Rousseau is convinced that sovereignty cannot be
represented. In his words, “the people’s deputies are not,
and could not be, its representatives; they are merely its
agents; and they cannot decide anything finally.” He wanted
that all citizens should meet together to decide what is best
for the community and enact the appropriate laws.

3. MAJORITY RULE:
Typically, when we talk about “government by the people,” we
mean government by majority rule. In modern representative
democracies, decisions are taken in several bodies. Majority
rule means that in all these decision-making bodies, from the
electorate to the last committee, the issues are resolved by
voting. Political equality is secured by the principle of ‘one man,
one vote’ which implies that there will be no privileged sections
claiming special weightage, nor any underprivileged sections
whose voice is ignored. No discrimination is allowed on grounds
of religion, race, caste, sex, place of birth, ownership of
property and even educational qualifications. The principle of
majority rule relies on the wisdom of the majority. Minority
opinion has the option to enlist the support of large numbers by
persuasion in an atmosphere of free discussion.

4. RECOGNITION OF MINORITY RIGHTS:

The principle of majority rule by no means allows the
suppression of minorities. in the words of Alexis de Tocqueville,
“If it be admitted that a man possessing absolute power may
misuse that power by wronging his adversaries, why should not
a majority be liable to the same reproach?” If the majority
could wield its power without restrictions, it could easily
tyrannize the minority. Thus, it is also inherent in the concept
of democracy that the minority must have the right to seek to
become the majority through free and fair elections. minority
grievances may take many forms ranging from psychological
insults over discrimination in housing, education and
employment to physical persecution and genocide. Legal
safeguards are, therefore, considered essential for the
realization of democratic principle because their presence helps
to raise the level of awareness of both majority and minority
and thus promote a favourable climate for democratic politics.
In that sense, it’s in the best interest of the majority to ensure
the rights of the minority—because if the majority becomes the
minority, they likewise want to have the ability to try to become
the majority again.

5. CONSTITUTIONAL GOVERNMENT:
Constitutional government means ‘a government by laws’
rather than by men. Democracy requires an infinitely complex
machinery of processes, procedures and institutions to
translate the majority will into action. It makes enormous
demands on the time, goodwill and integrity of its citizens and
public servants. Once the prescribed procedure is set aside,
even for a legitimate purpose, it can set a precedent that may
be followed for pursuing illegitimate purposes, and the flood
gates of corruption might be thrown open. It is therefore,
essential to have a well-established tradition of law and
constitution for the stability of a democratic government.
Mechanism of Liberal Democracy:
Once certain principles of liberal democracy are accepted, the
next step is to identify the mechanism that puts these
principles into practice. This would enable us to distinguish a
liberal-democratic system from other political systems, viz.
totalitarian and autocratic systems. The champions of liberal
democracy recognize certain institutions and procedures as
essential characteristics of democracy.
Liberal democracy is generally understood to be a system of
government in which people consent to their rulers, and rulers,
in turn, are constitutionally constrained to respect individual
rights. However, widely divergent views exist regarding the
meaning of consent and individual rights, of the particular
forms of government that are best suited to the preservation of
popular rule and the protection of rights, and of the types and
effectiveness of constitutional constraints within particular
forms of government. Nonetheless, liberal democracy is
common throughout most of the developed world. At a
minimum, liberal democracy is characterized by the following:

1. PERIODIC ELECTIONS BASED ON UNIVERSAL

ADULT FRANCHISE:
Liberal democracies usually have universal suffrage, granting
all adult citizens the right to vote regardless of ethnicity, sex,
property ownership, race, age, sexuality, gender, income, social
status, or religion. The history of the suffrage, or franchise, is
one of gradual extension from limited, privileged groups in
society to the entire adult population. It is regarded as more
than a privilege extended by the state to its citizenry, and it is
rather thought of as an inalienable right that inheres to every
adult citizen by virtue of citizenship. In democracies it is the
primary means of ensuring that governments are responsible to
the governed.
The basic qualifications for suffrage are similar everywhere,
although there are minor variations from country to country.
Usually only the adult citizens of a country are eligible to vote
there, the minimum age varying from 18 to 25 years. Most
governments insist also on the voter’s affiliation to a certain
locality or constituency. The insane, certain classes of
convicted criminals, and those punished for certain electoral
offenses are generally barred from the suffrage. Periodic
elections require that the people's representatives should be
chosen

for a limited period (say four or five years) so that the party
that comes to power is able to implement its policy and
program but it is obliged to renew the confidence of the people
to continue in power. At the same time, the opposition should
have an opportunity to bring any shortcomings of the ruling
party to the notice of the people, to offer alternative policy and
program with a view to winning the next election.

2. INDEPENDENCE OF THE JUDICIARY:

Freedom of the people cannot be secured in the face of
concentration of governmental powers in any organ. Liberal
democracy, therefore, insists on the separation of powers
between different organs of government. Independence of the
judiciary is the principle that the judiciary should be politically
insulated from the legislative and the executive power. That is,
courts should not be subject to improper influence from the
other branches of government, or from private or partisan
interests. While the legislature and the executive in a
democracy are dominated by politicians, judges are appointed
on merit and they cannot be removed from office in
consequence of sudden changes in the political climate of the
country. Independence of judiciary enables the judges to
pronounce their verdict without fear or favor. This strengthens
the faith of the people in the regime and ensures continuity and
stability of the judicial procedure.
 3. MORE THAN ONE POLITICAL PARTY FREELY
COMPETE FOR POLITICAL POWER:
Political parties and elections play an important role in the
analysis of politics in developing countries, particularly in the
analysis of democratization, and specifically the consolidation
of democratic political regimes. Liberal democracy seeks
reconciliation between varying interests and ideologies of
different groups. There is no fixed method of securing this
reconciliation. When there is a free competition between more
than one political party for
power, the people get an opportunity to consider various
alternative policies, programs and personalities to exercise
their choice.
In such a system, there are parties which have the capacity
to gain control of the government separately or in a coalition. In
case, no party achieves a clear majority of the legislative seats,
then several parties join forces and form a coalition government.
Countries like India, follow a multi-party system.

4. PROTECTION OF CIVIL LIBERTIES:

The protection of civil liberties, such as freedom of thought and
expression, freedom of religion, freedom of assembly and
association, and personal freedom, i.e., freedom from arbitrary
arrest, is an essential characteristic of liberal democracy. On
the one hand, these freedoms enable the citizens to form
interest groups and other organizations to influence
government decisions; on the other hand, they ensure
independence of the mass media, particularly the press, from
government control. Without civil liberties, will of the people
cannot be translated into public policy and decision. Civil
liberties, therefore, constitute the core of democracy.

5. POLITICAL OFFICES NOT CONFINED TO ANY

PRIVILIGED CLASS:
In a liberal democracy a political office or public office can be
acquired only through the support of the people, not by birth,
tradition or anybody's favor. This feature of democracy
distinguishes it from feudalism, monarchy and despotism, etc.
In a democracy all citizens enjoy equal rights and status. Any
citizen can have access to political office by following the
prescribed procedure and fulfilling certain conditions. Political
office can be held only for a limited period which must be
relinquished on completion of one's term or other exigency,
such as dissolution of the legislature, one's own resignation,
etc. Some qualifications, such as age, education, etc. may be
prescribed for the candidates of a political office, but nobody
can be declared unfit for any office on grounds of caste, creed,
sex, language, region, etc. However, in order to secure due
representation for all strata of the population, some seats in the
decision-making bodies can be reserved for minorities or
weaker sections. It is believed that such provision would
strengthen democracy rather than weaken it.

Conclusion:
The phrase liberal democracy also points to something beyond
government. It is a way of describing a kind of culture or civil
society, including economy and lifestyle, which is as much a
necessary condition of liberal democracy as it is a product of it.
In addition to the governmental norms, liberal democracy is
characterized by cooperative, consensual relationships among
individuals and groups on a broad range of matters that extend
beyond politics or government. Voluntary exchange and social
interaction, along with confidence or trust on the part of people
to engage in such interaction with those otherwise unknown to
them, are essential elements and preconditions of liberal
democracy. The above conditions must be fulfilled in a liberal
democracy under the normal circumstances. However, some
flexibility in these conditions may be conceded under special
circumstances, such as emergency. In any case, mere
fulfillment of these conditions should not lead us to
complacency.
Supporters of liberal democracy claim that it holds significant
benefits for humanity. Perhaps the most persuasive argument
is that democracies tend not to fight each other as they are
fearful of the electoral consequences. Whereas a dictatorial
regime can largely ignore the wishes of their people; the ruling
party in a democracy could face a potential electoral backlash.
Furthermore, the spread of democracy enables the individual to
play their full part in the political process. In addition, liberals
such as John Stuart Mill argue that democratic participation
promotes the development of the individual and is therefore
the best system available for ensuring maximum happiness for
the greatest number. Democracy could also be said to promote
stability within society in that all groups have the opportunity to
express their beliefs.

Bibliography
BOOKS:
1. Robert A. Dahl – A Preface to Democratic Theory
2. Bernard Crick – Democracy
3. Andrew Heywood – Political Theory, an
Introduction
4. Frank Cunningham – Theories of Democracy, a
Critical Introduction
5. Joseph Schumpeter – Capitalism, Socialism and
Democracy
6. O.P. Gauba – An Introduction to Political Theory
7. Alexis de Tocqueville – Democracy in America

ESSAY:
1. John Stuart Mill – On Liberty
WEBSITES:
1. [Link]
2. [Link]
3. [Link]