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Tocqueville's Power To Balance Of Democracy

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Tocqueville's Power To Balance Of Democracy
Tocqueville has a preeminent and keen insight of democracy in America that he apperceives the disadvantages of the omnipotence of the majority of America and its consequences. He believes that this omnipotence should be limited and the jurisprudence could be the greatest power to balance it.
In chapter seven, Tocqueville primarily talks about the unlimited power of the omnipotence of the majority of America. The natural strengths of the majority rule are clearly elaborated by Tocqueville in two ways. First he asserts that “The very essence of democratic government consists in the absolute sovereignty of the majority” (p. 282). Meaning that the essence of democratic government has determined the inevitable fate of the superior power of majority rule in this country. On the other hand, this trend has been strengthened by the constitution of some major states in the United States. The legislature, which can be the most vulnerable governmental agency affected by the majority, is the best embodiment of the majority rule. It is due to the fact that the lawmakers are directly elected by the majority, besides, their term of service are incredibly short as compared with the great power they were …show more content…
After describing many general advantages of the jury system, Tocqueville lays stress on the status of jury in civil causes. He considers that the judges have a supreme status when dealing civil causes because relevant legal knowledge is extremely needed in those cases. The jury has little influence in the civil causes and it is in those cases that the spirit of law can be express to the public. Hence, the public get closer to the law and constantly increase their knowledge of the law, which contributes to the influence they result in the criminal offences. Thus, the jury, “which is the most energetic means of making the people rule, is also the most efficacious means of teaching it to rule well” (p.
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