Dissent & Democracy: Objecting Conscientiously in CIVIL LAW and Common Law Countries
摘要
This chapter begins with a brief overview of the shared cultural foundations of the Part III nations, identifying the moral imperatives and associated nexus of conscientious objections seemingly derived from that context. It considers the extent to which that background, with its overlay of Christianity, shaped a role for this principle. It then explores the relationship between democracy and dissent. It identifies and contrasts the various forms of civil disobedience—social movements, activism etc.—that differ from conscientious objection and examines the characteristics of the ‘culture wars’. It argues that the right to dissent—and the ancillary right to conscientious objection—can be crucial for asserting and preserving the cultural identity of minority groups but that a counterbalance is also needed if social cohesion is to be sustained. It considers pluralism: the right of minorities to challenge the status quo; the duty of the State to protect its citizens and accommodate diversity. It considers the constituent elements of ‘civil society’, its relationship with democracy and assesses the central role of ‘citizenship’. The chapter concludes by examining the relevance of the rule of law and outlines the relevant human rights framework, noting the salience given to equality and non-discrimination legislation in all Part III jurisdictions.