Tuesday, December 18, 2012

Tyranny of the Minority versus Tyranny of the Majority

Tyranny of the Minority:  "Tyranny of the Minority" is a situation where - through a Democratic process, the minority are able to substantially effect the laws and/or the Constitution of the country - often overriding the goals/agenda of the majority.  Typically this is accomplished by the minority by utilizing legislative rules that require a supermajority rather than just a majority (51%).

Tyranny of the Majority:  "Tyranny of the Majority" is a situation where - through a Democratic process, the majority create laws and/or a Constitution violating the rights of the minorities - often a disliked ethnic, religious, or racial group. The laws/constitution are often so egregious that they are oppressive, and in extreme cases, may even place the very lives of minorities in jeopardy.

Discussion of "Tyranny of the Minority:   The majority of a country cannot get laws enacted/constitution amended because the minority has enough votes under the rules of the government to block legislation.    A good example of "Tyranny of the Minority" is in the United States senate where the minority party can filibuster (stop) a law from being enacted if they have 41 out of the 100 senators.  NOTE:  "Tyranny of the Minority is to be distinguished from the undemocratic "Dominant Minority Rule" in which a minority subsection of a country rules/sets the laws/Constitution for a country.

Discussion of "Tyranny of the Majority:     The majority institute laws/a constitution favorable only to the majority. Potential abuse of the rights of the minority by the majority.  The rights, and sometimes even the very lives, of minorities become largely irrelevant.  A good example of "tyranny of the majority" would be Middle East countries ruled by Muslim majorities that often oppress non-Muslim minorities.

Recommendations:

     a.)  In countries with "Tyranny of the Majority", where the majority may enact legislation potentially pernicious to the minority, the country absolutely needs to institute an iron clad constitution to protect the minorities.  As mentioned above, the Middle East applies.

     b.)  In countries with "Tyranny of the Minority", believe that supermajority and separation of powers makes the most sense.  REASON:  A good example is the United States, where a majority could vote in legislation that might actually be unconstitutional, but the legislation would be implemented anyway.  The legislation would often take as long as two years to reach, and be adjudicated by the Supreme Court.  Think that supermajority rules/separation of powers best protects the rights of the minorities.  Besides, there is something to be said for compromise.






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