Governments are created as a means to establish rules and laws as a guide to solving conflicts, and for the protection of the citizen's liberty and security. In a democratic society the government is not a single all- powerful authority wielding ultimate decisive power. Democratic institutions, such as courts, the executive and legislative branches of government, rely on the strength of the majority vote. If the government institutions rely on the will of the majority, problems can emerge of preserving and protecting an individual's liberty and security because of the immense dominance the majority has. Therefore, the individual's liberty and security must be formally recognized and protected, usually within a written constitution, so that the liberties and securities of the individual may not be infringed upon by the will of majority. Individuals must take responsibility for the continued protection of their rights through political participation. This paper will argue that the concept of majority rule can be reconciled with respect to individual rights for the following reasons: how the Charter of Rights and Freedoms within the Constitution Act protects individual rights from majority rule, and how citizen participation can ensure preserving the protection of individual rights from majority rule.
Majorities may want to infringe on the exercise and value of individual rights for various reasons. The Charter of Rights and Freedoms is in place as a constraint to majority rule, so that the majority may not infringe upon the individual's rights. The purpose of the Charter of Rights and Freedoms is to guide and shape the interactions of the citizens with the government. As such, all provisions of the Charter have been put in place to protect citizens from the undue influence of the party in power, and protection from the majority of citizens that may infringe upon their individual rights.
