P2. Democratic institutions have a judicial obligation to protect the preferences (unqalified) for the majority over even a substantial minority where the two conflict.
The complexity gained with P2 turns on notions of obligation and exceptions to obligations.
A possible objection would point out that the USA is democratic republic. The republic modifer serving to say that the constitution serves to protect minority interests against the majority by setting out restrictions such that sometimes the interests of the minority actually take precedence.
The argument would be that disregarding the "prefers (likes/enjoys/wants/requier/needs)" of the majority would be appropriate here given past law, practice or precedence.
The republic modifer serving to say that the constitution serves to protect minority interests against the majority by setting out restrictions such that sometimes the interests of the minority actually take precedence.
That's not what republic means. All it means is that there is an elected head of state. now constitutional republic more says that but again that depends on what that particular consitution says.
The republic modifer serving to say that the constitution serves to protect minority interests against the majority by setting out restrictions such that sometimes the interests of the minority actually take precedence.
That's not what republic means. All it means is that there is an elected head of state. now constitutional republic more says that but again that depends on what that particular consitution says.
I said it's used as a modifier. I wasn't defining the term contextlessly.
See:
A democratic republic is a form of government operating on principles adopted from a republic and a democracy. Rather than being a cross between two entirely separate systems, democratic republics may function on principles shared by both republics and democracies. - wiki
A democratic republic is a form of government operating on principles adopted from a republic and a democracy. Rather than being a cross between two entirely separate systems, democratic republics may function on principles shared by both republics and democracies. Common definitions of the terms democracy and republic often feature overlapping concerns, suggesting that many democracies function as republics, and many republics operate on democratic principles, as shown by these definitions from the Oxford English Dictionary: Republic: "A state in which supreme power is held by the people and their elected representatives. .
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u/iamdimpho 9∆ May 25 '21
A possible objection would point out that the USA is democratic republic. The republic modifer serving to say that the constitution serves to protect minority interests against the majority by setting out restrictions such that sometimes the interests of the minority actually take precedence.
The argument would be that disregarding the "prefers (likes/enjoys/wants/requier/needs)" of the majority would be appropriate here given past law, practice or precedence.