It does not mean that the majority has the right to practise oppression. Majority rule and minority rights the very foundation of democracy is held by two pillars, the principles of majority rule and protection of the rights of individual and minority. Before the russian revolution, the citizens of the united states were. Rahmani, ataollah 2007 majority rule and minority shareholder. This fundamental principle of constitutional democracy, majority rule coupled with the protection of minority rights, is embedded in the constitutions of all genuine democracies today. Majority control and minority protection oxford handbooks. The promotion and protection of the rights of persons belonging to national or. Man is free to act in a manner that will preserve hisher life, culture, love ones and including their belongings. Because majority rule requires an alternative to have only majority support to pass, a majority under majority rule is especially vulnerable to having its decision overturned. The 1992 constitution of the czech republic, for example, recognizes the concepts of majority rule and minority rights. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. It is also founded on the protection of the rights of minority groups to political participation, social inclusion and economic resources. In a choice or vote between two or more options, the option that wins over 50% of the vote wins.
In some places, discrimination against minorities is so severe that jobs and places in educational institutions have to be set aside for them, or they woul. On the surface, the principles of majority rule and the protection of individual and minority rights would seem contradictory. This paper demonstrates that majority rule offers more protection to the worstoff minority than any other system, in that it maximizes the ability to overturn an unfavorable outcome. The majority benefit when minorities are protected by the. Majority rule and minority shareholder protection in joint stock. Majority rule is a way of organizing government where citizens freely make political decisions through voting for representatives. Introduction it is trite that equity will not suffer a wrong to be without a remedy, but the majority rule in corporate governance seems to undermine the whole jurisdiction of equity especially where there is an increasing need for equitable control of the majority. The discussions cover majority rule and minority remedies. Pdf the principle of majority rule and minority protection. Otherwise, a minority holding economic, social, and political power would use its power to dominate the majority of the citizens, thus instituting the antithesis of democracy. Majority rule and minority rights annenberg classroom. As everybody knows, section 397398 of the companies act, 1956 provides a relief to the shareholders of a company if they are qualified to approach the company law board under section 399. Convention for the protection of human rights and fundamental freedoms the european convention on human rights, as amended by protocol no. This document is highly rated by b com students and has been viewed 14281 times.
This chapter examines legal issues concerning majority control and minority protection in firms with concentrated ownership governance structures, with particular emphasis on the tradeoff between the goals of protecting minority shareholders and allowing controllers to pursue their vision and how corporate law should balance these conflicting goals. Your browser doesnt seem to have a pdf viewer, please download the pdf to view this item. Minoritarianism may be contrasted with majoritarianism, but with legislative power being held or controlled by a minority group rather than the majority. Chapter four majority rule and minority protection studocu. Download it once and read it on your kindle device, pc, phones or tablets. What does majority rule and minority rights mean answers. The majority can not mistreat the minority, but the majority should make the laws and rules, a minority can not control the majority, unless you are talking about congress. Majority rule and minority shareholder protection in joint stock companies in england and iran. Majority rule and protection of minorities law trove. Majority rule, minority rights principles of democracy. Minoritarianism or minorityism is a neologism for a political structure or process in which a minority segment of a population has a certain degree of primacy in that entitys decision making.
When majority rule affects minority rights judith browne dianis on. The majority should not treat the minority in any way that they would not want to be treated if they were the minority. In fact, however, these principles are twin pillars holding up the very foundation of what we mean by democratic government. The principle of majority rule and minority protection. In a situation where majority rules, how can a nation ensure that all citizens have equal treatment and equal opportunities, even those who are not part of the majority. As majority rule is used in matters of governance in both companies and strata title developments, there is a. Yet, majority rule cannot be the only expression of. Laws have been formulated for the protection of the minority shareholders, however, these laws. Majority powers and minority rights click to edit master subtitle style.
Majority rule presented a conundrum to the founders of america precisely because although majority rule was needed in order for the government to function and the principle of minority rule interfered with democracy, the majority in power could oppress a minority as easily as a. If there is no minimum protection of rights for the minority, the majority would be able to overtake them. Mcgann argues that majority rule helps to protect minority rights, at least in settings in which deliberation. The concept of the majority rule with respect to minority. Article information, pdf download for the tyranny of the supermajority.
Although we use this strategy in daily life as in the. Majority rule and minority protection in private corporations. Held iii where the acquisition of shares is effected by compensating. Thomas jefferson, third president of the united states, expressed this. Use features like bookmarks, note taking and highlighting while reading minority government and majority rule studies in rationality and social change. Full text of this paper can be downloaded online at. There were other incidents that have also displayed these tensions of government choosing between majority rule and minority rights. Majority rule with minority rights means that even though one. With this a company becomes a legal entity of its own which is capable of suing and being.
The key shareholder remedies of derivative actions and oppression are comparatively discussed, with highlights of the similarities and differences in both remedies under canadian and. Membership in a minority is transmitted by a rule of descent which is. Political governance and minority rights download ebook. Minority rule is what is needed to turn the usa into the socialist usa. The six council of europe living democracy manuals provide. The minority now rule the majority in the united states, but how did this happen and do people even realize it. Doc majority rule and minority protection david ejesu. This article demonstrates that majority rule offers more protection to the worstoff minority than any other system in that it maximizes the ability to overturn an unfavorable outcome. However, there are other values that we need to take into account besides political. Minority rights are generally the same as anybody elses, but there are certain exceptions. Minority government and majority rule studies in rationality and social change kindle edition by strom, kaare. We are organizing a series of subregional and regional events to address most topical minority issues. It is known may 1952, dahl 1956 that majority rule is the only decision rule that completely respects political equality.
International journal of social sciences and management. Majority rule is a decision rule that selects alternatives which have a majority, that is, more than. Majority rule and minority shareholder protection in joint. However, constitutional democracy in our time requires majority rule with minority rights. Majority rule but minority protection majority rule. When majority rule affects minority rights video on. Strom 1990 there was, for instance, the red scare of 1919.
The liberal democratic model on which most african states were founded at independence from colonial rule, and to which they continue to aspire, is founded on majority rule. Corporate litigation, majority rule, minority protection. Principally, joint stock companies are governed by the principle of majority rule, which means that while they are formed and continue to work through participation of every shareholder, only those who hold a majority of voting shares can make decisions in companies. Minority protection, rights, and supermajoritarianism. From company law and equity to strata title rachel leow1. And as the popular notion of democracy being the government of the people by the people and for the people. No definite answers have been found and no satisfactory universal definition of the term. Majority rule is a way of organizing government and making public decisions. The principle relies on contract and is often supported by company law.
Majority rule and derivative claims a the proper claimant rule. The principle impact of the majority rule principle is to bar minority shareholders from bringing action against the majority shareholders. Minority protection, rights, and supermajoritarianism the only practical decision rule for legislatures that fully respects political equality is majority rule, as argued in the previous chapter. Majority rule and minority rights oxford handbooks. Minority group rights are very important but they are being. Dahl, 1956 that majority rule is the only decision rule that completely respects political equality.
Under the terms of the licence agreement, an individual user may print out a pdf of a single chapter of a title in oxford law trove for personal use for details see. That is, it is possible that there are alternatives a, b, and c such that a majority prefers a to b, another majority prefers b to c, and yet another majority prefers c to a. In the corporate world, all democratic decisions and management of a company are made with the majority rule which is deemed to be fair. The nswca noted that the capital reduction was fair and reasonable because it gave benefits to both the majority and minority that they would not otherwise have received. Majority rule is applied in making decisions on public issues as well as for organizing the government. The concept of the majority rule with respect to minority rights.
Pdf tn africa generally and nigeria in particular, it is a com111011 practice that communities and or families. Democratic redistribution and rule of the majority pdf. It examines literature which has concentrated on the theoretical and empirical attempts to explain the changes that have occurred in the minority rights in legislatures over time. In this anniversary year, my office is increasing its engagement on minority rights even further. Short documentary film promotion of human rights and protection of minorities. Most sovereign nations have imbibed democratic principles in electing the leaders of their various nations. This chapter examines the various ways in which the law has tried and sometimes failed to. This thesis examines, in comparative terms, canadian and nigerian laws relating to the concept of corporate majority rule and minority protection from majority opportunism and oppression in private corporations. A copy can be downloaded for personal noncommercial research or.
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