ABSTRACT

The concept of a liberal state and a liberal democracy, mandated through a constitution is considered to be one of the fundamental and best systems of governance for any country, whether developed or developing. Liberalism deals with the idea of liberty and individualism that helps a country to prosper in its public sphere. Protection of rights and freedoms of its citizens is prioritized by most democratic countries as dissent among its citizens could lead to chaos and upheaval in the state. A liberal democratic state is commanded by a constitution that lays down the framework for the proper functioning of a government. Inclusion of minority communities along with the general public helps to facilitate a better result in the decision-making process regarding policies, as the interests of all the groups are kept in mind, throughout the discussion. This leads to better implementation of plans and schemes and increases the overall satisfaction of the people. 

A liberal state helps to keep a check in the balance of powers among the various organs of the government, so that no organ exercises its powers to intervene in the functioning of the other body. Separation of powers is considered as one of the essential elements of a liberal state. 

The constitution lays down rules and regulations that help maintain law and order, ensure national security and directs on the upliftment of the interest of its people. 

A liberal democratic government focuses that the will of the people is adhered to and regarded while making decisions on behalf of a general mass. 

It can be said that the three topics are interrelated and simultaneously co-exist with each other.

WHAT IS LIBERALISM?

The concept of liberalism has differing interpretations and values across the various societies in the world. For some it is a mark of ambivalence, the ideologically imperative of living a realistically contented life in democratic states or involves the logic of capitalism or a descent into moral relativism. According to Duncan Bell^[1], liberalism has been contradicted in many ways: as an embattled vanguard project and constitutive of modernity itself, political philosophy and a hegemonic mode of governmentality, the justificatory ideology of unrestrained capitalism and the richest ideological resources for its limitations (political theory, vol. 42, no.6). Liberals have always supported the idea of a welfare state, the necessity of enforcing social justice, the propagation of sovereignty and its supremacy, global redistribution of wealth and demolition of inequalities that are prevalent in the modern society —with their main emphasis being that the power should rest in the hands of the people. 

WHAT IS A GOVERNMENT?

A government is a system or unit of people who come together to rule over a particular society after being elected by the general public, in the form of their representatives, and help facilitate and administers public policy, and exercises political, executive and sovereign functions through customs, institutions and law within a state^[2]. A government should be based on decentralization of power –in economic, politics and public policy. This could be done through

— resting greater powers with the local authorities, increasing the autonomy and reducing the intervention of the government in the private sector undertakings and promotion of enterprise.  

Enforcing and safeguarding the rights of individual’s, based on the rule of law, is a premier responsibility of a government. “A free society is a better society, so long as the people have the resources and opportunities to make the best of their lives.” (Nick Clegg)^[3]

WHAT IS DEMOCRACY?

Democracy is commonly associated with the ideas of liberalism. A liberal democracy is that form of a government where the will of the people is balanced, by their elected representatives, and within this limited government, the authorities are expected to garner respect for civil rights and liberties. Values of accountability among the leaders to the citizens, transparency in the decision-making process, an open government with free and fair elections, codification of the constitution and a check on the balance of powers of the separate organs of the government are sanctioned by the liberals.^[4]Politicians in power are expected to be responsible and be liable for their actions and decisions regarding any public policy or any provisions that could have an impact on the society, overall. The representative government, moderated by the constitution, is required to promote the protection of fundamental rights and freedoms of individuals as well as uplifting the rights of minorities against the will of the majority.^[5]

THE LIBERAL STATE

A liberal state is often considered to be opposite to that of the theories of conservatism, authoritarianism and totalitarianism. In a liberal state, the intervention of the government administration is restricted and controlled, providing a medium for the expression of freedom of speech, opinion and interests of the people. Any restriction or conservatism adopted by the government is considered to be drawback, in the view of liberals, leading to the slow-down of an individual’s development and inherent qualities. several theories regarding a liberal state have been debated and formulated among the self-declared liberals. According to them, the doctrine of jurisdiction forms an indispensable characteristic of a liberal state. Its main theme is related to the limitation of area of power and authority exercised by the state. The state is not superior to other institutions but only substandard to them in their respective fields. It is one of the many social institutions and should not exert its dominion over other areas where it lacks its jurisdiction.

The state should respect and provide for fair and equal treatment to all its subjects, unless proven guilty of any crime. Proper rules and procedures established by law should be adhered to, irrespective of the status of the person being dealt with, to uphold the sovereignty of law. 

The core principle of a liberal state is the distribution of the power and authority among the various levels in a society so that the power is not concentrated or exploited by a select group of individuals, such as the aristocrats and the bureaucrats. This principle is founded on Lord Acton’smaxim that “Power corrupts: power corrupts power absolutely”. “It is by minimizing the concentration of power in any one centre and by setting up many alternative, counterbalancing centres of power, that the standard of “everything open and above board” is more nearly attained and opportunities for corruption are minimized.”^[6]

FEATURES OF A LIBERAL STATE

A liberal state has several unique features which help it to distinguish from that of an authoritarian and totalitarian rule. Some features of a liberal state are as follows:

1. A liberal state always adopts a liberal approach towards the citizens. It predominantly concentrates on granting rights and privileges to all individuals justifiably. It ensures that if any discrimination is being carried out, it should be in accordance with the general interest of the body politic and not directed towards a particular individual. It places an obligation on the authority of the state to ensure the progress and growth of the individuals. 
2. A liberal state consists of a diversity of organisations and institutions co-existing with each other. These interest groups are engaged in cooperation and conflict among themselves and under any circumstances, the liberal state is not intended to impose any conditions upon the activities of these groups. Pluralism of ideas and organisation are encouraged in a liberal state. 
3. A liberal state adopts the idea of neutrality among these groups. Due to the presence of several organisations, clash of interests and conflicts among them is considered to be inevitable. During such a time, the state upholds the policy of neutrality, by not favouring any class or group, although being aware about the clash of opinions and interests. A liberal state brings about frequent reforms in its political sphere, thus, being called a reformist state. 
4. Accountability and consent are one of the most important factors that help in the smooth functioning of a liberal state. the decisions, activities and policies of the state is not final until is approved and by the general public. The welfare of the people is let to be decided by the people themselves. 
5. A liberal state embraces diversity of ideas, views and interests of the various existing groups. It is against the idea of one state. It encourages competition through constitutional, legal and democratic ways.
6. A liberal state is often called a pluralist state as it promotes plurality of ideas and views. The state assists the participation of several political parties and promotes their philosophies of acquiring power. While one party attains majority and rules over its subjects, the opposition party plays a key role in helping to find the defects in the administration and policies of the ruling party. Through this way, a check on the powers of the leaders is maintained. 
7. A liberal state is a limited state with the separation of power as its major feature. No organ of the government can interfere in the functions of the other organs. These rules of separation of power were prescribed by Montesquieu in his book “The Spirit of The Laws”.

DEVELOPMENT OF LIBERAL STATE

THOMAS HOBBES

The exact emergence of a liberal state cannot by correctly stated but instances of the ideologies of a liberal state can be found in the works of Thomas Hobbes, an Enlightenment Philosopher who lived from 1585-1679, notably in his works –De due (1642)and the Leviathan (1651). These works are said to lay the foundation for a liberal state. 

According to Hobbes, man lived in an imaginary place called the state of nature. He describes them to be naturally vain and selfish. They perceive things according to how it  affects their own self-interest rather than how it affected the interests of others.  Hobbessays that “if any two men desire the same thing, which nevertheless they cannot both enjoy, the become enemies;…and from this indifference of one another, there is no way for any man to secure himself so reasonable as anticipation, that is, by force or wiles to master the persons of all men he can, so long till he sees no other power great enough to endanger him.”

The state of nature was in a state of anticipation of war, living under the fear that someone will harm you for something that is in your possession to satisfy their wants. It was a state of competition between man for the limited resources available on the earth, to ensure their sustenance. Hobbes considers man’s life to “solitary, poor, nasty, brutish and short.”

Hobbes after describing his state of nature, defines the basic right of man’s liberty “to use his own power, as he will himself, for the preservation of his own nature.” Man in order preserve his life in this competition and seek peace with the other man, enters into a contract agreeing that he will “lay down this right to all things, and be contended with so much liberty against other men, as he would allow other men against himself.”

Due to the persisting selfish and partial nature of man, the contract came to an end. It occurred to the people that an impartial third party is necessary so that justice is provided according to the terms of the contract and nor according to the interest of the one party. Hobbes calls the third party a commonwealth, a Leviathan or Mortal God.

In his understanding, a government must have real and absolute power, that it must be an unchallenged arbiter of disputes involving violation of the contracts between individuals, and they should not protect the “special interest” of its citizens, and thus be neutral in all aspects. Once a contract is made, it cannot be reformed, the sovereign cannot forfeit his power, no one can question his decisions and that the sovereign has all the power to make and administer laws. This power given to the sovereign is not meant for taking away the liberty of the people but only to facilitate what they are supposed to do for the general good of the people. 

In conclusion, Hobbes’s Leviathan provides a liberty to man from the state of nature, a situation where a constant threat of being invaded and harmed by others limits one’s freedom. The government helps to bring this situation under control by making available the freedom the citizen’s need from each other^[7].(Kahl, 1995)

JOHN LOCKE

John Locke (1632-1704) is one of the most influential enlightenment thinker and commonly known as the “Father of Liberalism”. He developed a theoretical framework for a liberal state and laid down doctrines that helped establish a liberal state. 

LOCKE’S DOCTRINE OF A LIBERAL STATE:

1. According to Locke’s, consent is the essential element of a liberal state. A contract formed between the civil society is based on the consent of all men. 
2. In a modern liberal state, the principle of majority opinion  is to be strictly followed while administering the state or body politic.
3. The terms and conditions of the contract entered by the free consent of men should be strictly adhered and any failure would result in the removal of council or those in authority, directly by the people.
4. The state or the government cannot evade the responsibility of enforcing and protecting the right to life, liberty and property, which form a part of the basic rights of the citizens. According to Locke, thepeople of the state of nature because of the non-existence of proper authority and clear law, could not enjoy the right to life, liberty and property and this stimulated them to form a state.
5. Locke claims that the authority should discharge its responsibility strictly in accordance with the constitution of law.
6.  Locke supported the idea of revolution stating that “people will revolt if the authority fails to act in accordance with the terms of contract.” He supported the Bill of Right and Settlement of 1688, as it imposed constitutional limitation s upon the powers of the crown in England.
7. Locke’s state is a fiduciary trust and the core idea of trust is its powers are which very limited by the terms contained in the trust. A liberal state is to some extent a trust which performs certain duties and functions. No person has the power to disrupt the rules of the trust.
8. Philosophers are of the opinion that Locke gave more priority to society than state. He considered a society to be pre-political and not pre-social. The society had no political functions but possessed all social features. Society came before the state and hence, is more important than the state. Today, all the protectors of liberal state think in such manner. It can be said that Locke offered coherent defence of liberal state (Ruth W. Grant, 2010).^[8]

CONSTITUTIONALISM

Constitutionalism is often linked with the political ideologies of John Locke and the founders of the American republic. The idea of constitutionalism states that the government can and should be legally limited in power, and that its authority or legitimacy depends on its observing these limitations (Will, 2018).^[9]

In democracies, constitution consists of provisions that determine the political, legal and social structures by which society is to be governed. Constitutional provisions are therefore, considered to be fundamental law. In modern democracies, the government has been divided into the executive, legislative and the judiciary, in order to keep the powers and functions of these bodies separate so that they work independently but simultaneously maintain their autonomy. A constitution is a legal and moral framework that that sets a limitation to the these powers while also representing the will of the people, derived through their consensus.

Constitutionalism has a variety of meaning but most generally it is associated as “a complex of ideas, attitudes, and patterns of behaviour elaborating the principle that the authority of government derives from and is limited by a body of fundamental law”. According to political scientist and constitutional scholar David Fellman: It may be said that the touchstone of constitutionalism is the concept of limited government under a higher law.

The antithesis of constitutionalism is despotism. A government loses its authority if it goes beyond its authority and legitimacy. To preserve the basic rights of individuals, constitution should pervade with the concept of constitutionalism, with inbuilt restrictions on the powers given by it to the governmental organs.

FEATURES OF CONSTITUTIONALISM

ENTRENCHMENT

According to most theorists, another important feature of constitutionalism is that the norms imposing limits upon government power must be in some way, and to some degree, be entrenched, either legally or by way of constitutional convention.^[10]

For instance, the institutions of government, whose powers are constitutionally limited, must not be at liberty to change the limits at their freedom. Entrenchment facilitates a degree of stability and predictability over time— a specific aspiration of constitutional regimes. It also fulfils the criteria for the requirement of a constitutionally limited government. If a government institution were to be entitled, at its discretion, to change the terms of its constitutional limitations, a question would arise whether there would be any such limitations, in reality. 

WRITTENNESS

According to certain scholars, unless the constitutional norms are enshrined in a written document, they cease to exist to hold any official power (e.g., Rubenfeld 1998). Through citing the example of the constitution of the United Kingdom, many accept the unwritten constitution but one must be careful there, nevertheless. Though the constitution of UK is not as illustrative as the American Constitution and its Bill of Rights, it still contains a number of written provisions that have formed the central element of its constitution. The Magna Carta, which was signed by King John in 1215 C.E., is one of the earliest document of the British Constitution, while others include The Petition of Right (1628) and the Bill of Rights (1689). Moreover, common law contains certain principles of constitutional limitations that are overtly cited in landmark cases concerning the limits of government power. Unwritten provisions and conventions tend to be less precise and more open to interpretation, change and ultimately avoidance than compared to the written ones. However, long standing social rules and conventions are often accurate and precise but are often they can be subjected to re-interpretation, alteration and elimination, which in case of a written constitution, cannot be reformed so easily.^[11]

ELEMENTS OF CONSTITUTIONALISM

The elements of constitutionalism as defined by Louis Henkinare as follows:

1. Government according to the constitution
2. Separation of powers
3. Sovereignty of the people and democratic government
4. Constitutional review
5. Independent judiciary
6. Limited government subject to individual rights
7. Controlling the police
8. Civilian control of the military 
9. No state power or very limited circumscribed state power

LIBERAL DEMOCRACY

A liberal democracy is a representative form of government where the representatives are elected by the people, to make decisions regarding public policy subject to the rule of law, regulated by a constitution that lays emphasis on the protection of rights and freedoms of individuals. Such democracies are characterized by tolerance and pluralism. Widely conflicting political views and opinions are allowed to co-exist and compete for political powers on a democratic basis. Periodic elections are held where opportunity is provided to parties with differing views to achieve political power, in a democratic setting. 

Liberals support a system of checks and balances of powers. The drafting of the constitution of America was influenced by idea of liberal figures like James Madison who argues in favour of separation of powers in order to avoid problems that were faced in the during the “old” regime. Montesquieu expresses the views of separation of powers that “power should be a check to power.” In a democracy, the uneducated population get a chance to dominate the enlightened views of the educated elite. John Locke argued that the right to vote should be limited to those with property so that they might defend themselves against a government acting on behalf of the masses. Locke’s argument was later incorporated in the slogan for the American of independence— “No taxation without representation.” Modern day liberals are of the opinion that the rights of minority groups should be protected and safeguarded through effective legislative measure and the constitution. 

Liberal democracy holds a significant benefit for humanity as it prevents democracies from fighting with each other as they are fearful of electoral consequences. A democracy helps an individual to play a full part in the political organisation of the country. Liberal like John Stuart Mill argue that democratic participation enables and promotes the development of the individual. He considers such a system best for ensuring maximum happiness for the greatest number. A liberal democracy promotes stability within the society where all groups have the opportunity to express their values and beliefs.^[12]

RECENT UPDATES

India has always been a hotspot for debates and discussion when its government is questioned regarding its public policies and propagandas. One such issue that has been debated and discussed in the Indian parliament since the break of independence is the status of Jammu and Kashmir as a part of India. On 5^thAugust, 2019, the Government of India removed the special status provided to the state of Jammu and Kashmir, through article 370, and merged it among the other states in the country. The retraction of article 370 caused wide spread upheaval and chaos but it also opened the doors to further development in the isolated state. Jammu and Kashmir has been recognised as a Union Territory and will have its own assembly. 

Now, the so-called-mainland Indians could invest in land and buy property in the state which was previously barred due to the special provisions of article 370. The government can now include the citizens of the state into its developmental policies and schemes. The liberty of the people of the state of J&K is enhanced, especially women, as they will be able to retain their right to their property, even if they marry an individual from a different state. This has led to a democratic set up in the state along with more freedom and liberty to its people, which is the main focus of a liberal state. 

CONCLUSION

From the above discussed issues, a conclusion can be drawn from the fact that the concept of a liberal state, constitutionalism and liberal democracy are interrelated in various spheres. It is almost possible to say that one cannot exist without the other. A liberal state focuses on the liberty and freedom of an individual and safeguards its citizens from the tyrannical rule of the government. The constitution mandates that the rule of law is followed and the rights of the citizens are not restricted or violated in any form. A liberal democracy emphasises on equal representation from various communities in the government and providing what is appreciated as the will of the people. With these ideologies, several countries are taking the path of a liberal democratic state since the wishes and interests of its people should be the top most priority for a state to flourish. 

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^[1]Bell, Duncan. “What Is Liberalism?” Political Theory, vol. 42, no. 6, 2014, pp. 682–715., http://www.jstor.org/stable/24571524. Accessed 2 Feb. 2020.

^[2]http://www.businessdictionary.com

^[3]  Clegg, Nick. Liberalism in government, 16^thJuly 2010.

^[4]

Bloor, K. (n.d.). tutor2u. Retrieved from https://www.tutor2u.net/politics/reference/liberal-democracy-liberalism

^[5]liberal democracy . (2007). Retrieved from https://www.cs.mcgill.ca/~rwest/wikispeedia/wpcd/wp/l/Liberal_democracy.htm

^[6] Civil Service India. (n.d.). Retrieved from Concern Infotech Pvt. Ltd: https://www.civilserviceindia.com/subject/Political-Science/notes/theories-of-the-state-liberal.html

^[7]Kahl, J. (1995). Thomas Hobbes and the Seeds of Liberalism.Res Publica. 

Wilkins, K. (2014). Hobbesian Liberalism: A Study of Proto- Liberal Ideas in Leviathan.CLA Journal 2

^[8]Theories of the state: Liberal. (n.d.). Retrieved from Concern Infotech Pvt. Ltd: https://www.civilserviceindia.com/subject/Political-Science/notes/theories-of-the-state-liberal.html

Huyler, J. (1997). Was Locke a Liberal? The Independent Review,1(4), 523-542. Retrieved February 10, 2020, from http://www.jstor.org/stable/24560783

^[9]Will, W. (2018). Constitutionalism. Retrieved from The Stanford Encyclopedia of Philosophy (Spring 2018 Edition): <https://plato.stanford.edu/archives/spr2018/entries/constitutionalism/&gt;

^[10]Constitutional conventions are explored in Section 6. Although entrenchment is an almost universal characteristic of modern constitutions, and although one could plausibly argue that it is practically desirable, it may not be absolutely necessary. Some constitutional norms are ordinary statutes amenable to introduction and change byordinary legislative procedures. Indeed, some constitutions are almost wholly statutory, e.g., the constitution of New Zealand.

^[11]dhanapa, k. (n.d.). Constitutionalism. Retrieved from Legal Service India: http://www.legalserviceindia.com

^[12]Bloor, K. (n.d.). Liberal Democracy (Liberalism). Retrieved from tutor2u: https://www.tutor2u.net/politics/reference/liberal-democracy-liberalism

Dahl, R. A. (2020, january 10). DEMOCRACY. Retrieved from Encyclopedia Britannica: https://www.britannica.com/topic/democracy/Democratic-institutions