Foundations of Democracy and Legal Systems

Item 9: Democracy, Rule of Law, and the Social State

Over time, some cultures developed a model based on power derived from an agreement among the majority: democracy, where reason is placed in the criteria of the majority. In these states, the authority of the law is based on the law itself, and power is limited by it. Thus arises the social state of law: the State guarantees the respect of laws and acts to ensure the welfare of citizens and equality.

Origin of the Terms Left and Right

The origin of the words right and left is entirely coincidental. They were first applied to politics in revolutionary France in the 1792 Constituent Assembly. Members were divided into two opposing groups:

• The Gironde: Stood to the right of the president.
• The Mountain: Stood to the left.
• The Llano (or Marsh): An undifferentiated mass that sat in the center.

The Mountain advocated for a revolutionary state, while the Girondins wanted to restore law, order, and the monarchy. Thus, the left became identified with radical revolution, and the right with a conservative attitude seeking to maintain the status quo.

Item 10: Divisions of Law

Law is categorized into several key areas:

• Constitutional Law: Deals with the most important laws that mark the outlines of the legal system.
• Labour Law: Regulates relations between workers and companies, including schedules, salaries, and contracts.
• Civil Law: The system of rules governing relations between citizens, specifically regarding property, marriage, sales, and inheritance.
• Criminal Law: Regulates crimes and the enforcement of penalties for offenses such as robberies, assaults, murders, and scams.

The Process of Constitutionalism

The process of drafting a constitution is typically handled by a parliament or congress whose members are chosen by vote. Once the text is drafted, it must be approved by citizens in a referendum:

1. Citizens vote "yes" or "no" to the proposed text.
2. Upon completion of the referendum, the Constitution is proclaimed compulsory for all citizens, including those who voted "no."

This process ensures the origin of a constitution is democratic.