Democratic society in the context of "Open government"

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⭐ Core Definition: Democratic society

Democracy (from Ancient Greek: δημοκρατία, romanizeddēmokratía, from dēmos 'people' and krátos 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

In a direct democracy, the people have the direct authority to deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy often include freedom of assembly, association, personal property, freedom of religion and speech, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

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👉 Democratic society in the context of Open government

Open government is the governing doctrine which maintains that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction, it opposes reason of state and other considerations which have tended to legitimize extensive state secrecy. The origins of open-government arguments can be dated to the time of the European Age of Enlightenment, when philosophers debated the proper construction of a then nascent democratic society. It is also increasingly being associated with the concept of democratic reform. The United Nations' Sustainable Development Goal 16, for example, advocates for public access to information as a criterion for ensuring accountable and inclusive institutions.

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Democratic society in the context of Necessary in a democratic society

"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society ... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restrictions on Articles 8–11 have been described as "vast limitations", in contrast to American law which recognizes nearly unlimited right to freedom of speech under the First Amendment.

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