Das Mehrheitsprinzip in Der Demokratie - Ulrich Scheuner - Bog

The modern representative system brings the majority principle into a close alliance with the democratic idea. It has become a natural component of the contemporary political structure. The application of the majority principle, however, leads to a number of questions which - in view of the general acceptance of the principle as self-evident - have only rarely found closer examination. The majority rule is bound to certain prerequisites. Only if they realize it can provide sufficient legitimation for the formation of political decisions. Also, its application underlies certain limitations. The existence of a majority legitimizes political power on the condition only that it is preceded by a general consent of all citizens establishing common constitutional foundations and safeguards. Today these are laid down in modern constitutions which contain the rules of a fair procedure and safeguard the liberties of the citizens. Majority rule is a rational process applicable in a free and open society only, in which the plurality of political opinions is respected. It presupposes the recognition of different views on the common interest and the toleration of an opposition. The result of a majority decision can only bind the minority if it can expect to form itself the government in a future time. The majority principle finds itself in open contrast to the theory of direct democracy which proclaims the identity of the rulers and the ruled ones.