Democracy, democratic consciousness, and militant democracy

Democracy; in its shortest, most concise, and simplest definition, is the governance of the people by their elected representatives. In another definition, it is described as a regime where power is not passed from father to son, but changes hands through elections. Regardless of which definition is emphasized, when one speaks of democracy, participation, rights and freedoms, the rule of law, freedom of the press and expression, free and transparent elections, and an organized society come to mind first.

In a democratic order; freedom, national will, pluralism, respect for the minority, and the supremacy and guarantee of laws are important. The method of voting and the voting process are also important, of course. For citizens to be able to make choices freely, they must not be under pressure, and their voting behavior—in other words, their party preferences—must not be changeable through money, threats, suggestions, or coercion. In this context, it is also essential that citizens possess a certain level of education, income, and consciousness. Likewise, for public opinion to be informed, formed, and matured, it is essential for the media to be widespread, strong, and free for the sake of democratic functioning.

In a democratic regime, elections must absolutely be held in a free environment. This is how the will of the voters is reflected at the ballot box. However, the difference of democracy stems from its adoption of pluralism, not the absolute power of the majority. In a democracy, the majority in power respects the opposition's right to dissent.

Political parties, which are among the fundamental and indispensable elements of democracies, are expected to be open, sincere, and honest in their programs and propaganda. For this reason, the electoral system, election law, and the law on political parties are very important in democratic regimes.

In democracies, the country is governed by those chosen by the majority of voters. However, while governing, they observe pluralism and respect fundamental rights and freedoms. Otherwise, a dictatorship of the majority emerges. Just as no one can use fundamental rights and freedoms to abolish democracy, the majority in power cannot use their governing power to silence the opposition. The greatest trap in democracies is the pressure of the majority. This pressure is as dangerous as the tyranny of the minority. The words of the famous thinker Theodor Adorno, "Everything that is democratic is not necessarily liberating," draw attention to this danger in democracies.

Democracy is not limited to the ballot box. National will does not consist solely of the number of seats. Democracy cannot be reduced to elections alone. It is also essential that elections be fair, free, and transparent. It is also a requirement that those elected govern the country in accordance with democracy, within the framework of the constitution and laws. Because democracy is also a collection of principles, rules, institutions, and values. If there is no human rights, rule of law, separation of powers, judicial independence, freedom of thought and expression, freedom of the press, freedom of association, a balance in income distribution—even if not perfect—an advanced level of education, participation, and pluralism, then there is no strong, developed, and effective democracy.

Democracy is a product of the Industrial Revolution and has taken root in industrialized societies. It does not thrive in agrarian societies, feudal societies, or societies based on religion, sect, or the concept of the 'ummah'. Because the fundamental dynamics that develop fundamental rights and freedoms, consolidate class consciousness, and strengthen an organized society exist in industrial societies. For the development of democracy, two urban classes, two producer classes, two organized classes that are products of the industrial revolution, and their struggle are essential: the bourgeoisie and the working class. In other words, at its core, democracy has the labor-capital contradiction.

If democracy is viewed only as a majority regime, the process can extend to a dictatorship of the majority. If everything the voters want is seen as a "requirement of democracy," and if law, justice, equality, and freedom are excluded, a dictatorship of the majority can occur there. Therefore, the boundaries of democracy are determined by the fundamental principles of democracy and the rule of law. The complement and integrator of the democratic state is the state of law.

In a democracy, no power or authority can be used to abolish fundamental rights and freedoms. Fundamental rights and freedoms cannot be suspended even in the name of the national will or the majority of voters. If an attempt is made to do so, the citizens' right to resistance comes into play. Democracy defends itself against movements, parties, and organizations that come to power through democratic means but wish to destroy democracy. This is called militant democracy or defensive democracy.

The German Constitutional Court has adopted the concept of militant democracy. In Germany, the famous German jurist Gerhard Leibholz, who introduced the concept of the "party state" defending the importance of political parties for democracy in the legal field, emphasized that the Bonn Constitution adopted the understanding of militant democracy and summarized it as follows:

"With Article 21, Paragraph 2, the German Constitution has introduced a regulation that the Weimar Constitution overlooked, to its own detriment, due to a misguided understanding of freedom. Like every constitution, there is no doubt that a liberal democratic constitution has the right to protect itself with the weapon of law against its enemies. No constitution, especially one that envisions a liberal democratic state of law, can be expected to approve the conditions that would abolish it and thus legalize its own suicide. Such a misunderstood freedom first leads freedom itself, and thus the free democratic basic order, to an absurd point and eventually to extinction. In many democratic countries, there has been a shift away from the old complacency, and as Loewenstein expressed it as 'fighting fire with fire,' a militant tendency has emerged in democracies."

The Italian jurist Manzini also said the following on this subject:

"It is surely clear that every state, whether totalitarian, liberal, democratic, socialist, etc., if it is conscious of its functions and interests, has the duty and the right to protect itself against everything that appears dangerous in order to make its existence, order, and activities effective."

In summary, democracy defends itself, defends its principles, and defends its values and institutions. It does not allow democracy to be used to abolish democracy.