Law and Government

Abstract

The government of a country may be autocratic, where all authority is vested in one person; oligarchic, where a group of persons rule; or democratic, where the people themselves share and exercise authority. In Britain, the form of government is described as constitutional democracy in that the powers of the majority of the people are exercised within a framework of constitutional restraints. These restraints are designed to protect the minority in the State so that they may enjoy their collective or individual rights. Thus, the freedom of the individual is protected by the prerogative writ of habeas corpus. No government can imprison a person without trial, for habeas corpus will lie to release him, or bring him to trial. It is true that a government may often restrict these rights, during times of national emergency, for instance, and statutory controls are imposed upon the individual’s right to deal as he wishes with his property (such as in matters of development control and compulsory acquisition) but the general principle is that within a constitutional democracy minority rights are protected.