Democracy and Justice: Concepts, Features and Principles

25 min

"Government of Rwandans, by Rwandans and for Rwandans"

Rwanda's Constitution of 2003, revised in 2015, describes the kind of state Rwanda chooses to be. Read the two extracts in Source A. Then ask: which words describe democracy, which describe justice, and why does the Constitution put them side by side?

Important

Source A: the Constitution of the Republic of Rwanda of 2003, revised in 2015 (extracts)

Article 4. "The Rwandan State is an independent, sovereign, democratic, social and secular Republic. The founding principle of the Republic of Rwanda is: 'Government of Rwandans, by Rwandans and for Rwandans'."

Article 10 (4°). The State commits itself to "building a State governed by the rule of law, a pluralistic democratic Government, equality of all Rwandans and between men and women which is affirmed by women occupying at least thirty percent (30%) of positions in decision-making organs".

The founding principle echoes a famous definition of democracy given by the American president Abraham Lincoln at Gettysburg in 1863: government "of the people, by the people, for the people".

Definition

Democracy (from the Greek demos, people, and kratos, power): a system of government in which power comes from the people, who exercise it directly or through representatives they freely elect.

Justice: giving each person what is due to them under fair laws: protecting rights, settling disputes fairly, punishing wrongdoing in proportion, and repairing harm.

Rule of law: the principle that everyone, including leaders, is subject to the same known laws, applied by independent courts.

Separation of powers: the division of state power between the legislature (makes laws), the executive (carries them out) and the judiciary (interprets them and settles disputes). Rwanda's Constitution says the three branches are "separate and independent from each other but are all complementary" (Article 61).

Pluralism: the existence of many political organisations, opinions and interests, which may compete peacefully.

Due process (fair trial): the legal procedures that protect a person accused of wrongdoing, such as the right to be heard and to a defence.

The features of democracy

Figure 1. Democracy and justice depend on each other. Drawn by Ganzaa.

Feature	What it means	Where it appears in Rwanda's Constitution
Elections	leaders are chosen in regular, free and secret elections by universal suffrage	Article 2: suffrage is "universal and equal for all Rwandans" and secret
Rule of law	the Constitution is the supreme law; no one is above it	Article 3: any law or act contrary to the Constitution "is without effect"
Separation of powers	three branches check one another	Article 61
Rights and freedoms	freedoms of expression, association and worship, and equality before the law	Chapter IV, "Human rights and freedoms"
Participation and inclusion	citizens, women, youth and people with disabilities take part in decisions	Article 10 (30% women); Article 75 (seats for women, youth and persons with disabilities)
Accountability	leaders answer to citizens and to oversight bodies	Article 139: the Ombudsman, the Auditor General and national commissions

The key principles of justice

Equality before the law: the same rules for rich and poor, leaders and citizens.
Independence and impartiality of judges: "nobody may be a judge in his or her own cause" (Article 151).
Fair and public hearing: court proceedings are public unless the court decides otherwise for reasons set by law, and every judgment must give its reasons (Article 151).
Presumption of innocence and the right to a defence: a person is innocent until proved guilty.
Proportionality: the punishment fits the seriousness of the offence.
Access to justice: courts and legal help within reach of ordinary people, in time and at a cost they can bear; "justice delayed is justice denied".

Analysis: why the two belong together. Elections without justice can become the rule of the majority over a minority, which Rwanda experienced after 1959. Justice without democracy can become the rule of judges or rulers whom no one chose. After the 1994 Genocide against the Tutsi, Rwanda's Constitution tied the two together: rule of law, equal rights, power sharing and the fight against discrimination are written in as fundamental principles, not left to the winners of each election.

Warning

Democracy is more than elections. A common mistake is to define democracy as "voting". Elections are necessary but not enough: without the rule of law, protected rights, independent courts and accountability, an elected government can still act unjustly.

Tip

Quote the Constitution precisely. In an exam answer, an article number turns a general claim into evidence: "Article 61 makes the three branches separate and independent", "Article 151 requires courts to give reasons for every judgment". Learn five article numbers from this lesson.

Important

Discuss. Lincoln said "of the people, by the people, for the people"; Rwanda's Constitution says "of Rwandans, by Rwandans and for Rwandans". Which word in each phrase is the hardest to achieve in practice, and why?

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Practice

Define democracy and justice.
State Rwanda's founding principle as written in Article 4 of the Constitution.
Name the three branches of government and the function of each.
Give four features of democracy and, for each, one article of Rwanda's Constitution that expresses it.
Explain two principles of justice found in Article 151.
A government wins an election and then ignores a court ruling against it. Which features of democracy and principles of justice does this break?
"Democracy is simply the rule of the majority." Evaluate this statement, using Rwanda's history and Constitution.

Show answersHide answers

Democracy: government in which power comes from the people, exercised directly or through freely elected representatives. Justice: giving each person what is due under fair laws, by protecting rights, settling disputes fairly, punishing wrongdoing in proportion and repairing harm.
"Government of Rwandans, by Rwandans and for Rwandans."
The legislature makes laws; the executive carries them out; the judiciary interprets laws and settles disputes.
Any four: elections (Article 2); rule of law (Article 3); separation of powers (Article 61); rights and freedoms (Chapter IV); participation and inclusion (Articles 10 and 75); accountability (Article 139).
Any two: nobody may be a judge in his or her own cause (impartiality); proceedings are public unless the court decides otherwise; judgments must give their reasons; court rulings are binding on all parties.
The rule of law (no one is above the law), the separation of powers and the independence of the judiciary, and the principle that court rulings are binding on all parties, including the State.
The statement is too simple. Majority rule without protection for minorities led to exclusion and violence against Tutsi after 1959. A democracy also needs the rule of law, equal rights, independent courts and power sharing, which Rwanda's Constitution makes fundamental principles (Article 10). Majority decision is one feature, limited by rights and justice.

Sources and credits

Source A and the articles cited: Constitution of the Republic of Rwanda of 2003 revised in 2015 (RwandaLII); English text also at the Constitute Project.

Written by Ganzaa: the analysis, the diagram (Figure 1), the table and the exercises.

1"Government of Rwandans, by Rwandans and for Rwandans"

2The features of democracy

3The key principles of justice

"Government of Rwandans, by Rwandans and for Rwandans"

The features of democracy

The key principles of justice