Hacker News new | ask | show | jobs
by jltsiren 480 days ago
I don't see how your reply is related to my comment.

I was not defining democracy. I was describing the common real-world usage of the term, which has a more specific meaning than simple majority rule. It is commonly used as a shorthand for "liberal democracy". Some Americans use "republic" for the same concept, but that's misleading in other ways. Partly because some countries that are commonly understood to be liberal democracies are constitutional monarchies. And partly because some actual republics (such as North Korea or the member states of the former USSR) do not match the concept particularly well.

I was also not talking about any specific constitution, but constitutions in general. They all come with implicit and explicit assumptions that must hold, or the system will not work as intended. If some entities are supposed to function as checks and balances to each other, they are expected to remain independent. If they choose to collude instead, nobody is capable of stopping them if they decide to twist the constitution beyond recognition or outright break it.

I said that a constitution on its own is worthless. That means a constitution cannot enforce itself. There must be some people who are capable and willing to enforce it. But if they are capable of enforcing the constitution, they are also capable of breaking it. Which means there must be other people capable and willing to act as checks and balances. And so on. The system may work as long as those people act within the expectations, complying with both the spirit and the letter of the constitution. But if they reject the expectations and start looking for loopholes to take advantage of, they may find some. If that becomes too common, the constitution becomes worthless, because the people who are supposed to enforce it no longer believe in it.

2 comments

I think he took issue with your framing that democracy is interpreted. Judges don't interpret "democracy", that would be silly. Judges interpret the law.

I do agree with the general gist of the point you are making however. The Constitution itself holds no special power, it is the State's monopoly on violence that does.

“Liberal democracy” is bullshit. It just means that liberalism always beats democracy.