Understanding Democracy, and how to Recognise it

AuthorKirk Meighoo/Peter Jamadar
ProfessionMember of the Democratic National Assembly and the author of Politics in a Half-Made Society: Trinidad and Tobago 1925?2002/Judge of the Supreme Court of Trinidad and Tobago and the author of The Mechanics of Democracy
Pages1-34
Understanding Democracy, and How to Recognise it |1
Understanding Democracy,
and How to Recognise it
The word ‘democracy’ too often has been used to justify actions
which seriously contradict the democratic ideal. We wish to help restore
a real, practical meaning – and value – to the word and the concept of
‘democracy’ because it is important to us in Trinidad and Tobago. Around
the world, ‘democracy’ is regularly used to legitimate unpopular and
repressive authority, used interchangeably with the ‘will of the people’
(embodied in the government or ruling party), ‘rule of law’, ‘majority
rule’, ‘advancement of freedom’, or ‘end of tyranny’. Indeed, ‘democracy’
is so abused on all sides of the political prism that it seems to have little
real meaning any longer. Unfortunately, the misuse of the word
‘democracy’ occurs not only for dishonourable reasons. It occurs also
because of genuine misunderstanding and confusion by well-meaning
people who have acquired simple, formulaic, but commonly expressed,
understandings of democracy. The lack of clarity on what democracy
precisely is, allows other less laudable – and occasionally sinister – goals
to be advanced, sometimes unintentionally.
Misunderstanding the essential meaning of ‘democracy’ becomes
particularly significant when governments, political parties, and the
general public are considering constitution reform, as so many in the
Caribbean are presently doing. Platitudes, hostile attitudes, and simply
incorrect statements abound, and a clarification of the basic notion of
the principles of democracy is critically needed in order to ground and
make more fruitful the debate in Trinidad and Tobago – and perhaps
throughout the region, if not beyond. In contemporary Trinidad and
Tobago, topics like democracy, and parliamentary and electoral reform
can quickly provoke partisanship and irrational passion. We wish to
avoid such distraction in this book. Accordingly, we attempt to actively
1
2 | Democracy and Constitution Reform
take into consideration as wide a cross section of legitimate interests as
possible – from defenders of the status quo to the many critics of it – in
order to speak to the widest interested audience possible. Indeed, it
seems to us that too many calls for constitutional reform are based
primarily upon the resentful (even if sometimes justifiable) sentiment
that ‘the prime minister has too much power’. Given this orientation,
any prime minister could legitimately reject any resulting proposals as
merely politically motivated attempts to defeat a governing party by
other than the existing rules in existing institutions. Aside from this
very practical consideration, there is also the extremely important
theoretical and philosophical question of how much power is too much.
And, to be fair, can it be possible that a prime minister might have too
little power? Weak authority is dangerous in a country, and virtually
guaranteed not to win popular legitimacy for any system of government.
Ineffective government can never be desirable. How do we decide on
the appropriate amount of prime ministerial, or central, power? Is it
ultimately a matter of opinion, political interest, will, and relative power?
Is it possible to make such a judgement from a position not aligned to
current political interests and parties?
We attempt to answer these questions in two steps. First, we try to
arrive at an historically sustainable understanding of what constitutes
the heart of democratic self-government. Secondly, we seek to come to
terms with the messy real-world process of advancing democratic
development in specific times, places, and circumstances, among real
people with specific and peculiar cultures, traditions, rivalries, cleavages,
worldviews, economies, social relations, and histories. What emerges is
a complex relationship in which universal ideals are peculiarly expressed
through particular peoples, changing through time, place, and
circumstance. Without such a nuanced and dynamic understanding,
we do not think it is possible to advance effective democratic reform for
real people.
For this reason, we question five widely accepted understandings of
what lies at the core of democratic self-government. We firstly argue
that the holding of regular, free, and fair elections – though important
Understanding Democracy, and How to Recognise it |3
and, indeed, an important concern of this book – is not sufficient to
qualify a system of government as being fully democratic. It is possible,
for example, to elect administrations which might be unaccountable
enough during their terms of office to be reasonably labelled as autocracies
or even tyrannies. Merely having the opportunity to elect another
administration, perhaps equally domineering, at the end of a five-year
term surely does not capture the essence of what democracy means.
Secondly, neither universal adult suffrage – or more tellingly ‘one
man, one vote’ – defines democracy, although broad inclusion is
important for popular legitimacy. ‘One man, one vote’ demonstrates
that full citizenship is socially defined (in this case by sex). Today the
only barriers to voting in Trinidad and Tobago are age, residence, and
citizenship. In the future, these restrictions might be seen as backward,
in the same way as we now see earlier voting restrictions on women, 20
year-olds, or men without property. On the other hand, we might think
it irresponsible to give a 15 year-old, a non-citizen, or a non-resident
the right to vote, as earlier democrats believed that it was irresponsible
to give the right to vote to persons without property (a stake in the
land), a sufficient income to afford free time, or satisfactory education
and literacy. Additionally, sometimes, certain regions or groups in a
polity must be weighed qualitatively rather than quantitatively, as with
the case of Tobago and Trinidad. Indeed, the heart of democratic self-
government is at base something qualitative rather than quantitative.
Thirdly, the r ule of law – again, though important – cannot be
equated with democracy. Certainly, the rule of law is necessary, but it is
not sufficient. It is quite possible, for example, that the law may legitimate
slavery and other forms of forcible servitude, or deny free speech, free
political association, or free assembly, or ban all political parties but the
ruling one. How can such rule of law meaningfully be described as
democracy? Unfortunately, the rule of law does not always include
adherence to the principles of natural justice and fundamental fairness.
(These principles include the requirement that all parties be given a fair
hearing in any dispute, and that all evidence to be made available to all
parties involved the dispute for verification, scrutiny, and rebuttal. It

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex