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Although founded on majority rule, a democratic society must recognize and apply individual, minority and group rights. In other words, majority rule must be understood within the context of the rule of law and human dignity… This resolves the tension between populism and human rights, since democracy must not be abused to diminish human rights, e.g. by legitimizing torture or capital punishment, even if public opinion could be invoked or manipulated to demand it. Thus, it is necessary to strengthen the enforcement of national and regional bills of rights to provide a process and atmosphere for democracy to flourish, ensured by an independent judiciary that provides the necessary protection of both majority and minority interests.
The principle that the majority have a right to rule the minority, practically resolves all government into a mere contest between two bodies of men, as to which of them shall be masters, and which of them slaves; a contest, that—however bloody—can, in the nature of things, never be finally closed, so long as man refuses to be a slave.
By the theory of our Government majorities rule, but this right is not an arbitrary or unlimited one. It is a right to be exercised in subordination to the Constitution and in conformity to it. One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression.
The "government of all the people", if we have to have government, can at best be only the government of the majority. And the democrats, whether socialists or not, are willing to agree. They add, it is true, that one must respect minority rights; but since it is the majority that decides what these rights are, as a result minorities only have the right to do what the majority wants and allows. The only limit to the will of the majority would be the resistance which the minorities know and can put up. This means that there would always be a social struggle, in which a part of the members, albeit the majority, has the right to impose its own will on the others, yoking the efforts of all to their own ends. And here I would make an aside to show how, based on reasoning backed by the evidence of past and present events, it is not even true that where there is government, namely authority, that authority resides in the majority and how in reality every "democracy" has been, is and must be nothing short of an "oligarchy" – a government of the few, a dictatorship. But, for the purposes of this article, I prefer to err on the side of the democrats and assume that there can really be a true and sincere majority government. Government means the right to make the law and to impose it on everyone by force: without a police force there is no government.
By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented.
The political and social conclusion from the freedom of the individual is self-government, self-government as a right and as a duty of the individual. If there is no individual decision in self-government, it is only a sham. But it is just as much a sham and a camouflage for tyranny if there is no individual responsibility. There must be active, responsible, and spontaneous participation of the individual in government as his government, in its decisions as his decisions, in its burdens as his burdens. Political freedom is neither easy nor automatic, neither pleasant nor secure. It is the responsibility of the individual for the decisions of society as if they were his own decisions—as in moral truth and accountability they are.
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The rights of the individual are of no less importance to immigrants and minorities in Europe and the Americas than to women in Afghanistan or children in Africa. They are as fundamental to the poor as to the rich; they are as necessary to the security of the developed world as to that of the developing world. From this vision of the role of the United Nations in the next century flow three key priorities for the future: eradicating poverty, preventing conflict, and promoting democracy. Only in a world that is rid of poverty can all men and women make the most of their abilities. Only where individual rights are respected can differences be channelled politically and resolved peacefully. Only in a democratic environment, based on respect for diversity and dialogue, can individual self-expression and self-government be secured, and freedom of association be upheld.
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