Democracy in America in the context of "Alexis de Tocqueville"

The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. Originally published anonymously, as was the norm, its influence outside France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published an English translation, many times revised and reprinted in countless editions. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum ("List of Prohibited Books").

Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America. British historian and politician Macaulay referenced Montesquieu's continuing importance when he wrote in his 1827 essay entitled "Machiavelli" that "Montesquieu enjoys, perhaps, a wider celebrity than any political writer of modern Europe" [1].

Tyranny of the majority refers to a situation in majority rule where the preferences and interests of the majority dominate the political landscape, potentially sidelining or repressing minority groups and using majority rule to take non-democratic actions. This idea has been discussed by various thinkers, including John Stuart Mill in On Liberty and Alexis de Tocqueville in Democracy in America.

To reduce the risk of majority tyranny, modern democracies frequently have countermajoritarian institutions that restrict the ability of majorities to repress minorities and stymie political competition. In the context of a nation, constitutional limits on the powers of a legislative body such as a bill of rights or supermajority clause have been used. Separation of powers or judicial independence may also be implemented.