Machjo, when mob writes the constitution, then there are problems. Fortunately, in most democracies, constitution was written by learned scholars, statesmen, by progressives etc. In fact, that is why in almost every democracy, it is very difficult to amend the constitution (except for some states in USA).
You are making the mistake of assuming that an academic education equates with a spiritual and moral education. A man with a simple high school diploma can truly have a sense of spirituality and morality while the scholar who is educated only in an academic sence (as is often the case in Canada) can be bribed or corrupted, can still hold prejudices and hate against other groups, and can still write an unjust constitution. Goebels had a PhD after all. And the ethnic biases of the writers of our own constitution shine bright as day in spite of their academic scholarship. The only saving grace is the restraint they'd shown in restricting the discriminatory parts of the constitution to systemic as opposed to systematic injustice, unlike more explicitely prejudiced governments.
I assume what you mean is that the mob can change the constitution in its favour. Sure it can, it is very difficult to change the constitution, it is not impossible. It is very difficult to amend the Charter, almost impossible, not impossible.
Yes, that's what I meant.
Suppose tomorrow the whole country, whole of Canada goes crazy, they can convert Canada into any kind of society they want. They can convert it into slave owning, women hating Islamic dictatorship, a Christian Fundamentalist dictatorship, Dictatorship of the Proletariat, they can convert it into anything, by amending the constitution and amending the Charter. Thus they can mandate that women must wear veils, by amending the Charter..
True.
However, to do that, there has to be a broad, general agreement in the country and that is almost impossible to achieve. But you are right, if there is such an agreement, Canada can legislate itself into any kind of dictatorship. Then international pressure would be the only remedy left.
But then we have to care about international pressure. The UN itself has already passed a resolution against Ontario's discriminatory policy funding Catholic schools to the exclusion of others, but the mob managed to re-interpret the Constitution to overrule it (
TheSpec.com - Opinions - Debate flares again on dual school funding). So clearly in Canada, the minority cannot trust the Constitution to protect their rights, and neither can it trust a toothless UN to protect them either. And obviously the majority in any given country would oppose giving the UN the military clout it would ever need to defend worldwide minorities. So as for the Catholic School Board issue in Ontario, to whom should the minority turn? The majority has let them down. The Constitution has let them dowm. And the UN has upheld their rights in principle but lacks the necessary clout to enforce its principles. So Canada's minorities are essentially at the mercy of the goodwill of the majority to not wish to discriminate against them more than it does already. If we look at it that way, then we can see that the issue of making refusal to have sex with one's husband illegal in Afghanistan is not an issue about protecting equal rights for all per se (if that were the case, we would respect UN resolutions against us too), but rather with the fact that that while the majority of Ontarians, and thus politicians, officially defend certain forms of injustice, the policy now passed in Afghanistan is not among them. It thus becomes a matter of degrees, with the charcoal kettle calling the jet-black pot black. If injustice is not only condoned, but even defended in our constitution, then on what moral grounds can we criticize Afghanistan for its laws other than by claiming that it is more unjust than us?
The mob may rule the country (and that is really how it should be in a democracy).
That is not how it should be. The uncivilized mob is to be transformed into a majority educated in spirituality and morality so as to know how to use its right to vote responsibly. No political system can achieve this. This must be achieved through education. One problem with that though is that the education system itself may reflect the prejudices of its creators, thus perpetuating the injustices. In Ontario, for example, I'm sure Catholic school teachers may teach pupils that it is acceptable to favour them legally because they are the chosen of God. That being the case, the next generation of voters will vote accordingly, again defending the discriminatory practices already in place.
However in Canada we have almost ironclad guarantees absent discriminating against minorities. We have freedom of speech, freedom of religion, Charter bans discrimination against blacks, women, gays etc. and it is very difficult for the mob to get rid of these provisions.
You're living in your own dream world. The UN General Assembly has already criticized passed a resolution against Onario for its favouring Catholic School Boeards but not other religious school boards. Yet the Ontarian majority has shrugged it off, and we've even managed to interpret our Constitution in its defence.
Same problem with Quebec's Bill 101, though they proved to have a little more class than Ontario. Ontario simply shrugged off the UN Resolution against it. Quebec actually tried to defend its case before the UN. It failed, but at least it felt a little bit of humiliation at its injustices, unlike Ontario whose only defence was tradition!
So Canada is working as it should, majority rule, mob rule, with strong safeguards for the minorities.
I distinguish majority rule from mob rule. Though both are forms of democracy, mob rule is majority rule with either some or total disregard for the rights of minorities. Majority rule may or may not be mob rule, depending on whether the majority looks out for the rights of the minority.
Considering that our Constitution defends Bill 101 (through the Notwitstanding Clause) and Ontario's Catholic School Boards in spite of UN resolutions against both, we must thus conclude that we do have mob rule in Canada to a certain degree. Not as bad as in some countries where the majority group might exercise its democratic power to exterminate the minority, but to a lesser extent, our country still suffers frommob rule.
Is there any democracy that does not suffer frommob rule, whereby the minorities do have the same rights as the majority, whereby the majority does in fact look out sacrificially for the interests of the minorities? I won't say none exists, but I will say that i don't know of any myself. That should still be the objective though, and that can only be achieved not through democratic institutions, but rather through spiritual education.