Good Governance , Concept & Context

Page 118

Democracy: Direct and Representative

93

source of legitimacy for the law-​making processes. Deliberative democracy combines elements of both representative democracy and direct democracy, which relies upon the deliberation of the citizenry to reach a sound policy.

2. Democracy: Direct and Representative Direct democracy, classically termed ‘pure democracy’, is any form of government based on a theory of civics in which all citizens can directly participate in the decision-​ making process, rather than relying on intermediaries or representatives. Some adherents want legislative, judicial, and executive powers to be handled by the people, but most extant systems only allow legislative decisions. These acts are often specified, for example certain regulations or contractual activities of the administration. However, even on the decisions concerning factual activities there can be a direct participation. Two elements are often seen in modern democracies: citizen’s initiatives and referenda. If there is a large number of citizens in a state, it places greater difficulties on the implementation of a direct democracy since all citizens must be actively involved in all issues all of the time. So, the need for representative democracy increases as the number of citizens grows. There are concerns about how such systems would scale to larger populations. With the advent of the internet, there have been suggestions for ‘e-​democracy’ in which the internet plays an important role comprising various mechanisms for implementing direct democracy concepts. Representative democracy involves the selection of government officials by the people and by those represented. If the head of state is also democratically elected, then the state is called a democratic republic. The most common mechanisms involve election of the candidate with a majority or a plurality of the votes. Representatives may be elected as ones of a particular district or a constituency, or represent the entire electorate proportionally. Some countries use a combination of both. Some representative democracies also incorporate elements of direct democracy, such as referenda. A characteristic of representative democracy is that while the representatives are elected by the people to act in their interest, they retain the freedom to exercise their own judgement as how best to do so. Parliamentary democracy is a representative democracy where government is appointed by parliamentary representatives as opposed to a ‘presidential rule’ where the president is both head of state and the head of government and is elected by the voters. Under a parliamentary democracy, the country’s government is exercised by delegation to an executive ministry, subject to ongoing review, checks, and balances by the legislative parliament elected by the people. A liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decision-​making power is subject to the rule of law. It is usually moderated by a constitution that emphasizes the protection of the rights and freedoms of individuals and which places constraints on the leaders and on the extent to which the will of the majority can be exercised against the rights of minorities. Liberal democracy—​bourgeois or constitutional democracy—​is a common form of representative democracy. According to the principles of liberal democracy, elections should be free and fair, and the political process should be competitive. Political pluralism is usually defined as the presence of multiple and distinct political parties. A liberal democracy may take various constitutional forms. It may be a federal republic, such as the United States, India, or Germany, or a constitutional monarchy, such as the United Kingdom, Japan, or Spain. It may have a presidential system (United States), a


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Articles inside

Index

44min
pages 332-353

Bibliography

38min
pages 306-331

Governance

14min
pages 301-305

2. Part II: The Specification of the Principles of Good Governance

8min
pages 298-300

4. Conclusions

9min
pages 291-294

of Human Rights

2min
page 290

2. Good Governance in International Case Law

2min
page 289

Ombudsman

17min
pages 280-285

4. Conclusions

3min
pages 286-287

Court of Justice

30min
pages 270-279

Institutions

2min
page 269

16. Implementation of Good Governance Principles on the European Level

2min
page 268

5. Conclusions

2min
pages 266-267

South Africa

13min
pages 261-265

3. Implementation of the Good Governance Principles in Canada

21min
pages 253-260

7. Conclusions

12min
pages 220-224

2. Implementation of Good Governance in Northern Europe

2min
page 226

6. Cases about the Implementation of Good Governance Principles

5min
pages 218-219

5. Different Developments in the Practices of Different Countries

2min
page 217

2. Concept and Principles of Good Governance and Integrity

2min
page 212

Practices of Good Governance

6min
pages 214-216

the Non-EU Country Studies

1min
page 213

1. Good Governance: The Need and the Practical Relevance

2min
page 211

6. Conclusions

1min
pages 207-209

5. Sources of the Principle of Human Rights

14min
pages 201-206

3. Specification of the Concept

2min
page 198

2. The Concept of the Principle of Human Rights

2min
page 197

4. Institutions Involved

4min
pages 199-200

6. Conclusions

1min
page 195

5. Sources of the Principle of Accountability

5min
pages 193-194

2. The Concept of Accountability

5min
pages 183-184

6. Sources of the Principle of Effectiveness

5min
pages 179-180

7. Conclusions

1min
page 181

5. Institutions Involved

10min
pages 175-178

4. Specification of this Concept

2min
page 174

3. The Concept of Effectiveness

12min
pages 170-173

6. Conclusions

3min
pages 164-165

2. Development of the Principle of Effectiveness

5min
pages 168-169

3. Specification of the Concept

10min
pages 157-160

5. Sources of the Principle of Participation

5min
pages 162-163

4. Institutions Involved

2min
page 161

1. The Development of the Principle of Participation

2min
page 155

9. The Principle of Participation

2min
page 154

2. The Concept of Participation

2min
page 156

6. Conclusions

2min
pages 152-153

5. Sources of the Principle of Transparency

20min
pages 145-151

4. Institutions Involved

8min
pages 142-144

3. Specification of the Concept

7min
pages 139-141

2. The Concept of Transparency

5min
pages 137-138

2. The Concept of Properness

2min
page 125

5. Conclusions

1min
pages 121-123

3. Specification of the Concept

21min
pages 126-133

3. Democracy and Transparency

2min
page 119

4. Democracy and Participation

2min
page 120

2. Democracy: Direct and Representative

2min
page 118

6. The Role of Good Governance Related to these Developments

2min
page 114

7. Conclusions

1min
page 115

3. Rule of Law and Rechtsstaat: Specification of Differences

5min
pages 106-107

5. Difficulties and Developments of the Traditional Rule of Law

5min
pages 112-113

4. Rule of Law and Rechtsstaat: Formal and Substantial Perspectives

11min
pages 108-111

2. Different Historical Roots and Traditional Perspectives

2min
page 105

7. Conclusions

3min
pages 98-99

5. Good Governance and Integrity

18min
pages 89-95

4. The Nature of Principles in the Legal Theory

7min
pages 86-88

3. The Relationship between Law and Values

5min
pages 84-85

6. Conclusions

4min
pages 78-79

5. Good Governance on the International Level

12min
pages 73-77

2. Dworkin and Hart

8min
pages 81-83

4. Good Governance on the European Union Level

14min
pages 68-72

3. Good Governance and the Europeanization of National Law

4min
pages 66-67

2. Good Governance on the National Level in Europe

25min
pages 57-65

7. Conclusions

2min
page 49

4. Good Governance and the Main Developments

9min
pages 34-36

2. Concept of Good Governance

8min
pages 41-43

6. Conclusions

3min
pages 38-39

4. Institutions Involved within a Framework of Checks and Balances

6min
pages 45-47

Implementation of Good Governance in the United Kingdom

2min
page 31

2. Good Governance and Law

2min
page 30

5. Structure of the Three Parts of this Book

2min
page 37

3. Specification of the Principles of Good Governance

2min
page 44
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