discussion to determine government policy and to pass legislation. While the
people have some voice through devices such as petitioning and participation
in public discussion, most citizens are effectively excluded from the
deliberative process most of the time.
Deliberative democracy entails a respect for pluralism along with the belief that
true legitimacy is conferred on a statute by the extent and quality of the
deliberation that precedes it. In other words, democracy vests in a deliberative
process as much as it does in representative institutions. Since the rich and
powerful can usually take care of themselves more than adequately,
deliberative democracy is aimed at alleviating the plight of those who are
ignored, isolated or marginalised.
However, the advantages of such a system extend beyond giving a voice to the
politically mute. Deliberation is not just about being heard, although that is an
important part of it. It is also about understanding and being understood. Done
properly, according to its supporters, deliberation can generate decisions that
are well informed, impartial and rational.
Social Democracy
Social democracy originated from supporters of Marxism. In its present form,
however, it has cut loose from its revolutionary past. It does not even seek
socialism in the full sense. Instead it seeks to work an analogy with
democracy. Just as democracy entails a sharing of political power, social
democracy entails some sharing of wealth and opportunity. Its aim is to offset
the problems of unrestrained capitalism by promoting a society where
everyone has the security of a decent standard of living, reasonable access to
properly funded public amenities and opportunity to better themselves by hard
work and enterprise.
Social democracy contrasts with representative democracy which is
democracy founded on institutions and deliberative democracy which is
democracy based on the process of dialogue. Social democracy is founded
on outcomes providing some minimum and acceptable level of equality for all
citizens.
940
Conclusion
There are, to put it broadly, different forms of democracy each with different
requirements for legitimacy. When those requirements are satisfied, two
consequences follow that are relevant to this discussion. Statutes made by the
democratic process are legitimate. These statutes are interpreted in a legitimate
___________________
940
Arup (1982) at p 14 refers to this as “a guaranteed fundamental level of
integrity and humanity”.
 |
 |
 |