Penguin I think maybe there is a miscommunication between you and not4me, and I think it has to do with the fact that you live in Canada and she lives in Egypt.
I agree with you that there are certain things the majority has no right to do. However, there are gradations and I also agree with not4me that in general, issues need to be settled politically by a fair democratic process.
So do I.
Maybe I should clarify something: I don't think that civil rights should be imposed through use of force or anything like that. I do believe in democracy; I believe that the legitimacy of a government is derived from the consent of the governed. All I'm saying is that when a government, even a democratic government, crosses a certain line in terms of what rights it citizens have, we can point to that society and declare that it's no longer free, and that this is a bad thing in and of itself.
What we should do if this happens is a whole other question, and it's one that I haven't even touched on yet.
Consider three cases:
(1) I don't think the majority in America has the "right" to carry out genocide against minorities;
(2) I also personally don't think the majority has the "right" to put "Jesus is LORD" on our currency.
(3) I personally think taxes should be raised (or lowered).
These are three very different cases. In case (1) there can be no compromise. I think you, me, or not4me would be justified in breaking the law, disturbing the peace, sabotaging the government, even possibly committing violence -- whatever it takes to stop genocide. No one, not even a majority, has the "right" to do this.
Sure. In cases like genocide, that's something I see as virtually absolute: if a democratic government were engaging in genocide, even with full support of the majority of the people, this is something I'd see as unacceptable. That's the sort of issue where, depending on the specific circumstances, I'd support invading that country and overthrowing its democratic government in order to prevent the crime.
By comparison, case (2) is in a completely different universe. I have strong opinions on this issue but so do other people, and it's important to have a fair and peaceful process to resolve the issue. The evil of disrupting a fair and democratic process would far outweigh the "evil" of having any particular motto on our currency. In this case, the majority has the "right" to make the decision, by which I mean, we should accept the majority has the legitimate power to do this, and we should accept the results of a fair democratic process in which everyone got a vote. I don't think I would have the "right" to sabotage the money-printing machines at the Treasury to prevent this, or something like that.
OTOH in my personal opinion, I also think the majority does not have the "right" to do this. I'm not contradicting myself. I'm using the word "right" different ways: I'm saying putting "Jesus is LORD" on our currency establishes a bad precedent, that whoever gains the majority should abuse their power to trample all over minorities. I would hope people would realize that just because their religion or ethnicity is the majority and has the POWER to do something, doesn't mean they have the right. I don't really care about the slogan on our currency, so much as I care about the principle of the issue. I might challenge the issue in courts, or become an "activist" or try very hard to persuade the majority not to abuse their power in this way.
That's the sort of issue where I'd say that if a government did this, it would have stepped across the line from a "free society" to one that is not free.
And I think I should make an important distinction again: what I've been trying to argue so far is that if a government steps beyond a certain bound, then we can say that this action is an infringement on the rights of the individual or on the freedom of the society. What I'm not saying is that we should necessarily restrain the government from stepping over that line... especially if we'd have to infringe on the individual rights or the freedom of the society to impose that restraint.
Now in case (3), I don't think "rights" enter into the equation. There's an issue, and people have different opinions. I may disagree with the majority view, but I would not say they have no "right" to raise or lower taxes, in any sense of the word. I would cast my vote and accept the outcome. I would not say the majority are abusing their power or violating an important principle of our laws and Constitution.
I think that rights enter into the equation in the sense that I think that constraints on liberty should be justified, and an increased tax is a constraint on liberty to a certain degree. However, in general, I don't have a problem with the idea of a government raising or lowering taxes to acheive policy goals (e.g. making sure the government has enough money to function properly).
In some cases, such as the
Head Tax, I do think that taxation can be a serious matter of rights.
So I think what's happening here, is Penguin and not4me are talking about very broad things, like does the majority have the "right" to do something. The problem is, depending on the specific situation, this can have very different meanings. And I think when not4me talks about an Islamic political party, she has different specific situations in mind than Penguin.
Penguin may think the Islamic party does not have the "right" to say explicitly in the Constitution "this is an Islamic state" even if they have a 99% majority. But, I am certain he does not mean that he would support a bloodless coup by 1% of the secular Afghans to overthrow their parliament, violate democracy and rewrite the Afghan Constitution under the barrel of an AK47.
That kind of behavior would be irrational, unjustified and stupid, except in extreme cases. I think Penguin would agree and he doesn't realize this is the crucial point not4me is asking about.
Maybe it would be helpful if I explain how I view things: I think certain things, such as rights, democracy, human life, etc., have value. Losing any of these things represents a cost.
An infringement of fundamental human rights and freedoms represents a cost in and of itself. However, if preventing this infringement would mean, say, overthrowing a democratic government or entering into a war with a cost in lives, then these are serious costs that have to be factored into the balance as well. IMO, the infringement of rights or freedoms would have to be very severe before such action would be warranted.
IOW, while I think that minor infringements of rights are something to be denounced, I also recognize that unless a good way to address them is available, sometimes the best option available is to not try to eradicate the infringement, because the cost in doing so would be disproportionate to the value of the right that had been lost.