dog_superiority t1_ir0lr5b wrote on October 4, 2022 at 1:56 PM

Reply to comment by Steve_the_Stevedore in [OC] How democratic are F1 venues over the years? by alison359

A constitutional republic is a democracy with limitations. That even if a 90% majority votes to infringe on the rights of 10%, the constitution would not allow it (without due process like warrants, juries, etc.).

Steve_the_Stevedore t1_ir0mier wrote on October 4, 2022 at 2:02 PM

So what you meant here

>No, but there are better ones than democracy.

Was that a democracy is the best system but that it should also fulfil certain criteria?

dog_superiority t1_ir10dhf wrote on October 4, 2022 at 3:35 PM

Well the criteria is very important. For example, no matter how the people, or representatives vote, they should not be able to restrict rights, unless that also expands rights. For example, infringing on the liberty of murderers (by throwing them in jail) protects more rights than to let them murder at will. But even then, the government must follow due process to do so.

Steve_the_Stevedore t1_ir1f4g7 wrote on October 4, 2022 at 5:09 PM

I don't see how having a constitution in itself would prevent this though or how a constitution would be necessary to prevent this.

The law defines due process. If a constitution said that the police could search any home at any time under any condition then random searches would be due process.

On the other hand you have countries like the UK that do not have a constitution in the literal sense but the powers of the executive are restraint anyway. Maybe (as above) not in the way you would want them to be but they could be. I don't see any reason why it should be impossible to have the restraints you mentioned without a constitution.

Where does the "constitution" in you constitutional republic come from?

dog_superiority t1_ir1gww3 wrote on October 4, 2022 at 5:20 PM

You would need something like a SCOTUS (that actually does their job) too. If a state tried to change the law to say the police could search any home at any time, then the SCOTUS should shut that down. Of course, if everybody in government just ignored it, the the constitution would have no teeth nor a purpose. But of course the society would quickly go down the shitter too.