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Constitutional democracy : ウィキペディア英語版
Liberal democracy

Liberal democracy is a political ideology and a form of government in which representative democracy operates under the principles of liberalism. It is characterised by fair, free, and competitive elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all people. To define the system in practice, liberal democracies often draw upon a constitution, either formally written or uncodified, to delineate the powers of government and enshrine the social contract. After a period of sustained expansion throughout the 20th century, liberal democracy became the predominant political system in the world.
A liberal democracy may take various constitutional forms: it may be a constitutional republic (France, India, the United States) or a constitutional monarchy (Canada, Japan, the United Kingdom). It may have a presidential system (Indonesia, the United States), a semi-presidential system (France, Taiwan), or a parliamentary system (India, Italy, the United Kingdom).
Liberal democracies usually have universal suffrage, granting all adult citizens the right to vote regardless of race, gender or property ownership. Historically, however, some countries regarded as liberal democracies have had a more limited franchise, and some do not have secret ballots. There may also be qualifications such as voters being required to register before being allowed to vote. The decisions made through elections are made not by all of the citizens, but rather by those who choose to participate by voting.
The liberal democratic constitution defines the democratic character of the state. The purpose of a constitution is often seen as a limit on the authority of the government. Liberal democracy emphasises the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Liberal democracies are likely to emphasise the importance of the state being a Rechtsstaat that follows the principle of rule of law. Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. Many democracies use federalism—also known as vertical separation of powers—in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments (e.g., Germany where the federal government assumes the main legislative responsibilities and the federated ''Länder'' assume many executive tasks).
==Rights and freedoms==

In practice, democracies do have limits on certain freedoms. There are various legal limitations such as copyright and laws against defamation. There may be limits on anti-democratic speech, on attempts to undermine human rights, and on the promotion or justification of terrorism. In the United States more than in Europe, during the Cold War, such restrictions applied to Communists. Now they are more commonly applied to organisations perceived as promoting actual terrorism or the incitement of group hatred. Examples include anti-terrorism legislation, the shutting down of Hezbollah satellite broadcasts, and some laws against hate speech. Critics claim that these limitations may go too far and that there may be no due and fair judicial process.
The common justification for these limits is that they are necessary to guarantee the existence of democracy, or the existence of the freedoms themselves. For example, allowing free speech for those advocating mass murder undermines the right to life and security. Opinion is divided on how far democracy can extend to include the enemies of democracy in the democratic process. If relatively small numbers of people are excluded from such freedoms for these reasons, a country may still be seen as a liberal democracy. Some argue that this is only quantitatively (not qualitatively) different from autocracies that persecute opponents, since only a small number of people are affected and the restrictions are less severe. Others emphasise that democracies are different. At least in theory, opponents of democracy are also allowed due process under the rule of law. In principle, democracies allow criticism and change of the leaders and the political and economic system itself; it is only attempts to do so violently and the promotion of such violence that is prohibited.
However, many governments considered to be democratic have restrictions upon expressions considered anti-democratic, such as Holocaust denial and hate speech, including prison sentences, ofttimes seen as anomalous for the concept of free speech. Members of political organisations with connections to prior totalitarianism (typically formerly predominant Communist, fascist or National Socialists) parties prohibited any current or former members of such organisations may be deprived of the vote and the privilege of holding certain jobs. Discriminatory behaviour may be prohibited, such as refusal by owners of public accommodations to serve persons on grounds of race, religion, ethnicity, gender, or sexual orientation. For example, in Canada, a printer who refused to print materials for the Canadian Lesbian and Gay Archives was fined $5,000, incurred $100,000 in legal fees, and was ordered to pay a further $40,000 of his opponents' legal fees by the Human Rights Tribunal.
Other rights considered fundamental in one country may be foreign to other governments. For instance, the constitutions of Canada, India, Israel, Mexico and the United States guarantee freedom from double jeopardy, a right not provided in other legal systems. Also, legal systems that use politically elected court jurors, such as Sweden, view a (partly) politicised court system as a main component of accountable government, distinctly alien to democracies employing trial by jury designed to shield ''against'' the influence of politicians over trials. Similarly, many Americans consider the right to keep and bear arms to be an essential feature to safeguard the right to revolution against a potentially abusive government, while other countries do not recognise this as fundamental (the United Kingdom, for example, having very strict limitations on the gun ownership by individuals).

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Liberal democracy」の詳細全文を読む



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