Democracy - Race and Religion - Intelligence Squared

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Democracy - Race and Religion

19 Jun 2010

This discussion looks at the role of the law in democratic society with examples from the UK, India and New Zealand. The panel considers what elections are for, how the rights of minorities and vulnerable groups are protected, and issues of discrimination.

Soli Sorabjee begins by pronouncing that any government which professes to be a democracy must be based on the Rule of Law. The sequitur is that official actions and decisions prejudicial to a person are to be taken on the basis of a law which is published, is accessible and has the element of certainty. He states that the exercise of executive power must not be irrational and should be consistent with fairness.

Sorabjee goes on to state that discrimination based on race, colour and religion is a deep affront to human dignity that breeds bitterness and anger and leads to violent conflicts. He believes the elimination of discrimination should be the topmost priority of every democratic state, that requisite legislation for that purpose is a must, and that the Rule of Law cannot be jettisoned on grounds of national security or threats to public peace and order, or for effective prosecution of the ‘war on terror’.

Judge Kenneth Keith asks what are elections for? How are the rights of minorities and other vulnerable groups to be protected in a majoritarian electoral and parliamentary system? He considers these two very large questions, against the background of the Rule of Law and democracy, by reference to New Zealand, Pacific, and related experience.

Shami Chakrabarti opens by stating that democracy cannot simply be about majority rule - she believes it should be an equation comprising majority rule, the Rule of Law and fundamental rights and freedoms. Chakrabarti believes that since 9/11 race and religion have become blurred, and she goes on to outline the ways in which democracy should deal with religious differences.