Presumptive Inclusion
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Presumptive Inclusion
Presumptive inclusion is the idea that something should first be presumed to be included, and only omitted after the fact if justified. It has common uses in democracy and medicine. Democratic usage Democratic theorists, especially those hoping to achieve something closer to universal suffrage, often support some form of presumptive inclusion, where the legal system would protect the voting rights of all subjects by default unless the government can clearly prove that disenfranchisement of a particular group or person is necessary. One example where the term has gotten some usage is in the arguments in favor of children and youth suffrage, where Eric Wiland argues, "Children should have the right to vote unless there is a good reason to disenfranchise them." Analogies Innocent until proven guilty is a principle where one's freedom is a right that must be disproven beyond a reasonable doubt before it is taken away. Similarly, voting could be seen as such a right that the gov ...
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Democracy
Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive Election, elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections. In a direct democracy, the people have the direct authority to Deliberation, deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy oftentimes include freedom of assembly, freedom of association, association, personal property, freedom of religion and freedom of speech, speech, citizenship, consent of the governe ...
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Medicine
Medicine is the science and Praxis (process), practice of caring for patients, managing the Medical diagnosis, diagnosis, prognosis, Preventive medicine, prevention, therapy, treatment, Palliative care, palliation of their injury or disease, and Health promotion, promoting their health. Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention (medical), prevention and treatment of illness. Contemporary medicine applies biomedical sciences, biomedical research, medical genetics, genetics, and medical technology to diagnosis (medical), diagnose, treat, and prevent injury and disease, typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, splint (medicine), external splints and traction, medical devices, biologic medical product, biologics, and Radiation (medicine), ionizing radiation, amongst others. Medicine has been practiced since Prehistoric medicine, prehistoric times, and ...
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Universal Suffrage
Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion of the young and non-citizens (among others). At the same time, some insist that more inclusion is needed before suffrage can be truly universal. Democratic theorists, especially those hoping to achieve more universal suffrage, support presumptive inclusion, where the legal system would protect the voting rights of all subjects unless the government can clearly prove that disenfranchisement is necessary. Universal full suffrage includes both the right to vote, also called active suffrage, and the right to be elected, also called passive suffrage. History In the first modern democracies, governments restricted the vote to those with property and wealth, which almost always meant a minority of the male population. In some jurisdiction ...
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Children And Youth Suffrage
Youth suffrage is the right to vote for young people. It forms part of the broader universal suffrage and youth rights movements. Most democracies have lowered the voting age to between 16 and 18, while some advocates for children's suffrage hope to remove age restrictions entirely. Discussion Suffrage According to advocates, the "one man, one vote" democratic ideal supports giving voting rights to as many people as possible in order for the wisdom of a more representative electorate to create better outcomes for society. Advocates suggest that setting a voting age at or below 16, would accomplish that goal, while also creating a more ethical democracy for those who believe that those most impacted by government decisions (those with the longest life expectancy) are given at least an equal say in decision-making. Presumptive inclusion The idea of presumptive inclusion holds that individuals should be given the right to vote by default and only removed if the government ca ...
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Innocent Until Proven Guilty
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. His ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ...
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Compulsory Voting
Compulsory voting, also called universal civic duty voting or mandatory voting, is the requirement that registered voters participate in an election. As of January 2023, 21 countries have compulsory voting laws. Law enforcement in those countries varies considerably, and the penalty for not casting a ballot without a proper justification ranges from severe to non-existent. History Antiquity Athenian democracy held that it was every Athenian citizen's duty to participate in decision-making, but attendance at the assembly was voluntary. Sometimes there was some form of social opprobrium to those not participating, particularly if they were engaging in other public activity at the time of the assembly. For example, Aristophanes's comedy '' Acharnians'' 17–22, in the 5th century BC, shows public slaves herding citizens from the agora into the assembly meeting place ('' Pnyx'') with a red-stained rope. Those with red on their clothes were fined. This usually happens if fewer th ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics. The primary function of a law review is to publish scholarship in the field of law. Law reviews publish lengthy, comprehensive treatments of subjects (referred to as "articles"), that are generally written by law professors, and to a lesser extent judges, or legal practitioners. The shorter pieces, attached to the articles, commonly called "notes" and "comments", often are written by law student members of the law review. Law review articles often express the thinking of specialists or experts with regard to problems, in a legal setting, with potential solutions to those problems. Historically, law review articles have been influential in the development of the law; they ...
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Democratization
Democratization, or democratisation, is the structural government transition from an democratic transition, authoritarian government to a more democratic political regime, including substantive political changes moving in a democratic direction. Whether and to what extent democratization occurs can be influenced by various factors, including economic development, historical legacies, civil society, and international processes. Some accounts of democratization emphasize how elites drove democratization, whereas other accounts emphasize grassroots bottom-up processes. How democratization occurs has also been used to explain other political phenomena, such as whether a country goes to a war or whether its economy grows. The opposite process is known as democratic backsliding or autocratization. Description Theories of democratization seek to explain a large macro-level change of a political regime from authoritarianism to democracy. Symptoms of democratization include elector ...
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Non-citizen Suffrage
Non-citizen suffrage is the extension of the right to vote (suffrage) to non-citizens. This right varies widely by place in terms of which non-citizens are allowed to vote and in which elections, though there has been a trend over the last 30 years to enfranchise more non-citizens, especially in Europe. Arguments for Non-citizen suffrage can improve political participation. Democracies are widely believed to function better when more people vote so the wisdom of the crowd can help make more fully-informed choices. Examples in New York, Chicago and Maryland all have shown positive results after immigrants received the franchise in local elections, such as school boards. Universal suffrage means One Person One Vote, one person, one vote, so if immigrants can't travel to the country of their citizenship (Right of return) or don't have either non-resident citizen voting rights or non-citizen suffrage, the ethics and the legitimacy of the democratic process has been called into quest ...
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Suffrage
Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called ''full suffrage''. In most democracies, eligible voters can vote in elections for representatives. Voting on issues by referendum ( direct democracy) may also be available. For example, in Switzerland, this is permitted at all levels of government. In the United States, some states allow citizens the opportunity to write, propose, and vote on referendums ( popular initiatives); other states and the federal government do not. Referendums in the United Kingdom are rare. Suffrage continues to be especially restricted on the basis of age, residency and citizenship ...
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Democracy
Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitive Election, elections while more expansive or maximalist definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections. In a direct democracy, the people have the direct authority to Deliberation, deliberate and decide legislation. In a representative democracy, the people choose governing officials through elections to do so. The definition of "the people" and the ways authority is shared among them or delegated by them have changed over time and at varying rates in different countries. Features of democracy oftentimes include freedom of assembly, freedom of association, association, personal property, freedom of religion and freedom of speech, speech, citizenship, consent of the governe ...
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