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Showing posts from January 16, 2020

Constitutionalism and Democracy

The common intention in a democracy can   only   be found if the individual intention of every   individual is taken into consideration. The common inten tion cannot be forced upon individuals and neither the individual can push forth his intention as the common intention. He can only claim his intention to the fullest extent. This can be illustrated by the orchestra example given in the article. In an orchestra every individual has a part to play, no one is lesser than the other and every sound has its role in the orchestra. The most important aspect is harmony which has been defined by the author as collective action which is communal and not statistical. No one can claim in an orchestra that the cello trumps the drums etc. But the communal action of every individual is the harmony in music that the orchestra produces. This process is constitutionalism and the outcome is democracy. The process therefore directly impacts the outcome and infact in a sense is the outcome itself. The