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Good example of literature review on what factors make chinas constitution better than a democratic constitution

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The Communist Party of China overthrew imperialism, capitalism, and feudalism, and ultimately won the new-democratic revolution and established the People’s Republic of China. Through this, the socialist transformation of the private ownership through production was accomplished, exploitation was abolished, and the socialist system was eventually established. The Chinese constitution states that all power belongs to the people and that the state provides protection to the interests and lawful rights of the minorities and develops and upholds the relationship of unity, equality, and shared assistance among all people in China. Discrimination and oppression are prohibited including any actions that tend to weaken the unity of the people. In addition, the state helps speed up the cultural and economic development based on the needs and peculiarities of the minorities.
In the book titled The Constitution of Equality: Democratic Authority and Its Limits by Thomas Christiano, the principle of equal advancement of people’s well-being can be considered an essential principle since it puts great constraints on other principles that are likely to transpire. Christiano claims that the principle of equal advancement establishes the initial conditions on the function of other principles (44). Equality is the vital principle that functions as the primary condition and limitation and default for other standards will come out large when there is transition from abstract and impersonal standard of equality to the public standards that should control the organization of justice in societies (Christiano 45). Looking at the institution of justice in the society at large, the first thing to be concerned about is to ensure that the establishments of societies are arranged fundamentally to progress the people’s living condition equally.
Christiano defines egalitarianism as the principle of justice that have to regulate the product distribution during the pre-adult stage of life (45). Equality of people’s well-being is the grounds for the kind of opportunity at the beginning of adulthood. Further, equality of people’s well-being can be suspended if there are certain justifiable standards of productivity or desert that can validate inequalities. Christiano argued that equality can be shortened in a manner that is consistent with its principal underlying principle when everyone can be given equal improvement as a consequence (45). When people try to apply equality in their institutions and social relations, there should also be implementation of public equality. Liberal rights and democracy are based on public equality. This concept will be helpful in seeing the normative grounds for liberalism and democracy. In addition, this will help people realize the authoritative voice behind democracy and the way the liberal rights comprise limits to the democratic authority (Christiano 74). Christiano also argued that justice is a form of equality and that social justice is a form of public equality (189). In addition, Christiano claims that liberal rights and democracy are realizations of what public equality is and are thus essentially justified (189). Through this, Christiano attempted to show that the basis of liberal rights and democracy are the same and that the conception of liberal rights and democracy offers people with greater nuanced accounts of certain rights that are also provided in other countries (189).
Christiano also claims that the manner by which democracy loses its authority is through losing its intrinsic justice in general (300). The democratic assembly merely does not possess a moral right to go against the requirements imposed by public equality of neglect these requirements when it is there to provide them with satisfaction (Christiano 300). In the aspect of how democratic rights typically signify public equality and the fundamental rights signify public equality, no person has the moral right to weaken democratic rights or the fundamental liberal rights of the people. The power is lost since the right is gone altogether. In addition, when the democratic congregation overlooks to conduct what it can to guarantee that the democratic and liberal rights of individuals are secured and everyone has a financial minimum, its power is to that degree weakened. Further, the degree that a democratic assembly is governed by a permanent majority, its power is similarly destabilized as an outcome of the infringement of public equality. These concepts offer not merely the groundwork for a beginning of democratic power but they too provide for the components of a formation of constitutional restrictions on democratic influence (Christiano 300).
In Cass Sunstein’s Designing Democracy: What Constitutions Do, two mechanisms of social influences that impact behavior were mentioned – informational and reputational (17). Informational externality is influenced by what other people say or do. If a lot of people give their support to a particular candidate, or refuse certain policies such as guns, drugs, observers are also given a signal concerning what it must do. In a reputational mechanism, a member of the group imposes sanctions on apparent deviants and would be deviants await the sanctions in advance (Sunstein 17). In Granville Austin’s book titled Working a Democratic Constitution: the Indian Experience, the author claims that the Indian Constitution also underwent several turbulent periods. The legal, political, and social vicissitudes of democracy as well as the everyday realities of the people in India have performed a great role in the establishment of its constitution (Austin 18).
In the book titled How Democratic Is the American Constitution by Robert Dahl, the author claims that democracy has been a special feature of U. S. foreign policy (121). Democracy is particularly defined as the government by the people. This means that all individuals must have freedom of speech in everything that impacts their lives. Democracy is a political system for replacing or choosing the government through fair and free elections (Dahl 121). Democracy is the active participation of the citizens in civic and political life and that which protects the rights of the people (Dahl 121). It is a rule in which the procedures and the laws apply the same to all people.
Democracy is a way for people to elect their leaders and to give the responsibility to their leaders for making policies and conducting office. The decision as to who will take a stand in the parliament is made by the people. The citizens of a nation also decide for positions to such as the presidency and positions both at local and national levels. Parties compete through fair and free elections. People are the sovereign and the highest form of authority in politics. The power emanates from the people to the government leaders who possess power for a temporary period. Policies and laws need the support of the majority in parliament, yet the rights of people in the minority level are secured in diverse ways. The people have the freedom to express criticisms to their representatives or elected leaders and to monitor how government business is conducted. Leaders elected at the local and national levels must pay attention to the citizens and answer to their suggestions and needs. Elections take place at regular periods as mandated by the law. People in position are not allowed to extend office in the absence of people’s consent. For elections to be fair and free, elections have to be conducted by a fair, professional, and unbiased body that renders equal respect to all candidates and political parties. Voters should vote secretly and free from any form of violence and intimidation. There also has to be some independent and impartial tribunal to manage disputes concerning the results of the election. The major responsibility of the people in a democracy is getting involved in public life. People have the responsibility to become knowledgeable about issues and to watch intently how leaders as well as representatives employ power. Citizens are also encouraged to express their own views and opinions.
The purpose of democracy is to implement change for the good of the people and the society (Dahl 123). Democracy can be positive or negative depending on how it is use. Democracy is perceived as an effective instrument in pushing for national development. Through democracy, people have the opportunity to get an education and health assistance. Through democracy, there is transparency in governance. People are also given the rights which empower them to fight for what is just. Transparency becomes useless when people are suppressed from expressing their viewpoints. Without democracy, government can become abusive of their power (Dahl 125). At times, through democracy, people are able to present their reactive and critical behaviour against an administrator. Democracy also secures and offer protection to the people in exercising their political freedoms (Dahl 125). Negative freedom is demonstrated by oppression. Responsible individuals when guided properly by the duty of respect will strive hard to guarantee that government becomes the main priority of the local and national leaders. Lastly, negative democracy enables people to become more vigilant particularly during intense economic conditions. People high value their independence in the political arena. However, people can resign to the fact the some government can be corrupt. People are encouraged to become more responsible in taking part especially in rendering commitment to accomplish human development.
In Stephen Beyer’s Active Liberty: Interpreting Our Democratic Constitution, democracy is government by the people. This signifies that all individuals have freedom of speech in everything that impacts their lives. Beyer (21) postulates that democracy requires a free, competitive and fair elections as well as liberty to make the act meaningful. With democracy, citizens participate actively in civic and political life. In Russia, I believe that democracy is not completely oxymoron. Democracy is a work in progress and remains a massive power on the attainment and exercise of authority.
In Sadurski’s Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective, the author claimed the purpose of democracy is to realize change for the good of the people and the society. In Russia, majority of the people are supportive of liberal democracy. However, Russia has to strengthen the government’s democratic vector. This merely suggests that democracy itself can either be positive or negative depending on how it is use. With democracy comes transparency in governance. Transparency becomes useless when people are suppressed from expressing their viewpoints. In the absence of democracy, the government becomes abusive of their power. Democracy also secures and offer protection to the people in exercising their political freedoms. Negative freedom is demonstrated by oppression and enables people to become more vigilant particularly during intense economic conditions. People highly value their independence in the political arena. However, people can resign to the fact the some government can be corrupt. There are several party systems. Liberal Party supports the rights of the citizens’ freedom and gives emphasis to the democratic nature of the government (Sadurski, 26).
The present state of political system in Russia can be considered a sovereign democracy. However, if Russia aims to maximize its geo-political strategic potential, Russia needs to reorient its economic focus and seek for a closer integration with countries in Europe. Russia would benefit more with a liberal form of government not only to improve and strengthen ties but also to assist in rebranding the nation with a more appealing image.
Parties bring together people for the purpose of exercising power within the state. In addition, parties provide the people the opportunity to impact political decisions and politics. In the absence of political parties, a representative democracy is not possible. Parties incorporate and express different interests, opinions, and visions. They are the primary foundation for the employment of political leaders.

Works Cited

Austin, Granville. Working a Democratic Constitution: The Indian Experience. New Delhi: Oxford University Press, 1999. Print.
Breyer, Stephen G. Active Liberty: Interpreting Our Democratic Constitution. New York: Knopf, 2005. Print.
Christiano, Thomas. The Constitution of Equality: Democratic Authority and Its Limits. Oxford: Oxford University Press, 2008. Print.
Dahl, Robert A. How Democratic Is the American Constitution? New Haven: Yale University Press, 2001. Print.
Sadurski, Wojciech. Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective. The Hague: Kluwer Law International, 2002. Print.
Sunstein, Cass R. Designing Democracy: What Constitutions Do. New York: Oxford University Press, 2001. Print.

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