Protective Democracy

The main subject of classical democracy was the participation of all peoples in the processes of state and the Athenians where the classical democracy flourished most prominently. It is believed that they could achieve equality. Classical democracy was equality in respect of rights and privileges.

But the protective democracy emphasized different aspect. According to Heywood “democracy was seen less as a mechanism through which public could participate in political life, and more as a device through which citizens could protect themselves from the encroachments of government, hence protective democracy”.

In this viewpoint, democracy has been regarded as a means at the disposal of individuals which they can use to safeguard their rights and liberties. In ancient Greece, many intellectuals had the idea about protection of rights and liberties. Plato supposed that the rule of the guardian class could serve the purpose properly. But Aristotle enquired who will guard the guardians? From all these ideas, protective democracy emerged.

Origin of the Protective Democracy:

The origin of democracy as an instrument of protecting human rights and liberties can suitably be traced to the late seventeenth and early eighteenth centuries.

John Locke (1631-1704) is regarded as the great advocate of protective democracy. His civil society based on democratic principles was created through the instrumentality of social contract to shield the right to life liberty and property and guarantee pursuance of happiness. James Madison (1751-1836) also supported this type of democracy.

The three proponents of utilitarianism also explained the protective democracy. They were Jeremy Bentham (1748-1832) James Mill 1773-1836) and John Stuart Mill. The utilitarianism was powerfully advocated in favour of protective democracy. The theme of utilitarianism was to safeguard right liberty and opportunity and these are basic principles of democracy. These must be protected at any cost. According to these theorists, democracy was the best form of government which could guarantee these. Bentham, James Mill and his philosopher son contended that only in democracy all sorts of individual interests could be protected and advanced.

Locke, Madison, Bentham, and the Mills-supported the principle of protective democracy and it is an aspect of liberal democracy. In their hands this received best treatment. In fact, Bentham and the Mills were the representative philosophers of protective democracy.

Features of protective democracy:

The following are the basic features of protective democracy:

1. Protective democracy believes in popular sovereignty. But since people cannot directly take part in the processes of state, they do it through their representatives.
2. Both the popular sovereignty and representative form of government are legitimate.
3. It is the primary duty of the state to protect the rights and liberties of citizens and whether this is properly performed or not people keep a strong vigilance over the functions of state.
4. The authority is accountable to the People and in order to establish it elections are held on regular basis. There are also other ways of establishing accountability.
5. Significant way of protecting the rights, liberties and distribution of privileges is the division of powers among legislature, executive and judiciary. This is done in all
6. Liberal democracies.
7. There is dominance of constitutionalism. Both the ruler and the ruled are controlled by the principles laid down in constitution.
8. Constitution is the source of power for all and is the guarantor of rights and liberties. There are also measures to prevent the violation of rights and liberties.
9. Organisations associations groups have enough freedom and they always act as friends of citizens and fight against any violation of rights or encroachment on liberty.
10. Competition in all spheres is a feature of protective democracy.
11. A clear distinction between state and civil society is strictly preserved.