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The Restriction Of Majority Decision

Posted on:2014-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y XinFull Text:PDF
GTID:2246330398465351Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Majority decision got along with the emergence and development of the democraticsystem, but the people in the process of social development always make mistake that theythink the majority rule is the essence of democracy, but it is not true. Democracy should beable to provide human the basic rights and a dignity of value, procedures, norms or powerstructure. The limitations of the majority decision in a democratic system have a theoreticalbasis--not only prevent tyranny of the majority, but also make the democratic systemdevelop towards better direction, at the same time, rights reserved and personal autonomyrequire the restriction of majority. We should limit applicable to majority decision in termsof basic human rights, individuality, morality, public opinion. In these respects, we can usethe method of negotiate, discuss, draw or personal decision, unanimous decision to replacethe majority rules. At the same time, we should create systems of judicial review, the rightof association, veto for the minority, referendum right in order to protect the restrictions ofthe majority rule, to prevent the evils of excessive application of majority.
Keywords/Search Tags:democratic, majority decision, restriction of apply, equality
PDF Full Text Request
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