Violation Type:Democratic Incompatibility

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Violation Type

Democratic Incompatibility

Some forms of law are incompatible with democratic society. Thus, even if a society is nominally democratic, it may not actually be functionally democratic if it possess certain law incompatible with democratic society.

Erosions or abrogations of freedom of speech are mutually exclusive with status as a democratic society, as the outcome of an election can only be deemed valid if people have the opportunity to express opinions, inform themselves of the facts and so make an informed and free decision. An attempt to control speech being an attempt to control public opinion, and public opinion being the precursor of democratically expressed preferences, infringement of the right to free speech can be considered essentially equivalent to electoral tampering, as much the same end is obtained.

Countries such as China and North Korea are nominally democratic. However, in practice freedom of speech, thought and opinion is sufficiently restricted in these countries that their claims to democracy are laughable.