Abstract
This chapter examines the relationship between constitutionalism and democracy, with particular emphasis on the creative, disruptive, and destructive force behind constitutions and government: the people. Democracy is inherent in modern constitutionalism. The authority of the constitution derives from people’s sovereignty. If constitutionalism was designed to contain the abuse resulting from absolute sovereign power by setting up arrangements inside government, the democratic exercise of sovereignty emerged as an external constraint on government. This chapter traces the evolution of universal suffrage and considers its consequences, including the perils (and tyranny) of majority rule for a diverse society. It discusses the idea that a sovereign people has a single general will and looks at representative government as a means of balancing popular sovereignty with constitutionalism. It analyses the binding mandate and how it was replaced by the free mandate, along with the referendum as a genuine expression of the will of the people.
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