The Significance of Democracy as a Principle in Drafting Contemporary Constitutions

Abstract

The contemporary constitutions of almost all countries, even those that are not democratic in practice, rely on democratic principles. This is because democracy respects the will of the people and considers it as the source of power. This paper attempts to highlight the importance of democratic principles in the drafting of contemporary constitutions. This is done by formulating and addressing the question of what are the democratic criteria of a constitution and how can the democratic nature of one constitution be distinguished from the undemocratic nature of another? To address the questions, the study relies on data collecting and analyzing the date, adopting historical and descriptive analysis methods. The research methodology will help to collect and analyze information by reviewing the related literature, address the questions and draw conclusions. One of the most important findings of this study is that the way the constitution is drafted has always been subject to the circumstances in which the country was experiencing. This makes one constitution of a country different from another, from time to time. Albeit, the contemporary era is characterized by the era of peoples' power; thus, democracy has been used as an important principle in the drafting of contemporary constitutions.

 In fact, there are no specific rules for the emergence and construction of a constitution. The approaches taken to this end are different. This is due to the differences in political, economic, social and cultural conditions in different countries, as well as the differences in the level of political maturity of the people and public opinion. It is also important to note that the path to constitution-making determines the political method adopted. For a long time absolute monarchy was widespread in most countries. According to this system, all powers were concentrated in the hands of the king and absolute sovereignty belonged to him. The king considered himself the authority and sovereignty itself, and did not derive this right from the constitution, but gave it to himself.