Mikilvægi stjórnarskrár í lýðræðislegu samfélagi

• Published in: Nordicum-Mediterraneum
• Main Author: Ragnheiður Elfa Þorsteinsdóttir
• Format: Article in Journal/Newspaper
• Language: English
• Published: The University of Akureyri 2022
• Subjects: lýðræði; stjórnarskrá; stjórnarskrárfesta; réttarríki; droit; scipo; Iceland
• Online Access: https://doi.org/10.33112/nm.17.4.6; https://doaj.org/article/4233f36bc6bd4375b465e2d16095c2a8

Constitution and changes to the constitution in a democratic context are the main topics of Ms. Þorsteinsdóttir’s article. She reviews theoretical ideas about the role of the constitution and how they limit democracy. In particular, Ms. Þorsteinsdóttir examines and evaluates their importance in ensuring that democratic rights and tempering majoritarianism are ensured so that oppression is not created due to the unbridled totalitarianism of the majority. She then discusses the situation in Iceland, where there has been a debate for decades about including provisions on natural resources in the constitution. She points out that there is a fairly clear national will for such a provision, but the decision-making power rests with Parliament, which has not agreed on its implementation. Ms. Þorsteinsdóttir considers this one of the manifestations of majoritarianism, giving rise to the question whether the parliament elected by the people can circumvent the will of the people.