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I am very much against the thing you describe, whether they call themselves supreme courts or guardian councils or defenders of the constitution. Yes, I am a ra
by vintermann 10y ago
I am very much against the thing you describe, whether they call themselves supreme courts or guardian councils or defenders of the constitution. Yes, I am a radical democrat. I think the safeguards supposedly provided by such institutions are largely illusionary.
All sorts of minorities, for instance, may be protected in flowery words, but it isn't worth the paper it's written on unless the majority (of power, sadly, not of individuals) actually care about it. A constitutional safeguard that doesn't have the support of actual power is worked around, it's just a question of lawyer rhetoric. In the end, the only check that can exist on us is ourselves.
That said, at least supreme court judges in the US (and other countries) don't have the power to topple the government, execute ministers, outlaw political parties etc. That's one way the military providing "a check on democracy" is even worse.
- jessriedel 10y ago> That said, at least supreme court judges in the US (and other countries) don't have the power to topple the government, execute ministers, outlaw political parties etc. That's one way the military providing "a check on democracy" is even worse. Right, so I doubt anyone in this thread would claim the Turkish coup system is better than the US system, except perhaps by making a strained appeal to a very different culture necessitating more drastic checks on democracy (or something). So you don't really need to argue this. And the rest of your argument for radical democracy doesn't have much to do with Turkey per se, the topic of this thread.
- titzer 10y ago> All sorts of minorities, for instance, may be protected in flowery words, but it isn't worth the paper it's written on unless the majority (of power, sadly, not of individuals) actually care about it. A constitutional safeguard that doesn't have the support of actual power is worked around, it's just a question of lawyer rhetoric. In the end, the only check that can exist on us is ourselves. Flowery words are actually better than nothing, and at least the US constitution tried to set up institutions that made sure that law complie(d/s) with that supreme law of the land. Radical democrats would do well to look at the kinds of Jim Crow laws that appeared after the Civil War which were completely unconstitutional and were judged so and overturned against popular demand by judges given the power to strike down laws. I really don't have faith in the mob. It's clear the framers of the Constitution didn't either, and there are plenty of examples of the tyranny of the majority that should give us pause.
- vintermann 10y agoThe only alternative to "the mob" of majority rule is some form of minority rule. Words can't rule on their own. Minority rule has all the problems of majority rule, and then some. Yes, once in a blue moon the guardian councils of the world may be right when public opinion is wrong. But it seems to me ten times as often, it's the other way around. And even then, you must remember that public opinion is far from democratic. Some people have far more power to make themselves heard, influence how people see things, etc. I'm for majorities of people, not majorities of power-shareholders.