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Differences between Monarchy and Democracy

José Francisco Bustillo, 12b

1. Democracy is a type of government that emanates from the constituted


powers that are elected, depending on the system (presidentialist,
parliamentary, constitutional monarchy, semi presidentialist, semi
parliamentary, etc...) directly or indirectly by the people. Whereas in an
absolute monarchy, an absolutist regime exists and has been “elected”
to be in power by family lineage or sometimes by hereditary military
force. 1

2. In democracy three state powers(in most cases)2 exist as a checks and


balances system, these being the judicial, executive and legislative as it
was enunciated in Montesquieu ’s Of the Spirit of law. And they are
independent, complementary and with no relation of subordination.
Whereas in an absolute monarchy, the monarch holds all of the state
power in his hands, therefore not having a checks and balances system,
and the monarch is entitled to do whatever he wants.

3. On a democracy the president can either serve as head of state, head of


government or both, depending of the system3 that applies to the
country, and with limited powers, but in a monarchy the king is the
head of state and monarch, having complete power to decide on matters
that a head of state or of government wouldn’t be able to do so.
1
Difference b/w a military government and a monarchy: In a monarchy the King or emperor is a civilian or a
military that was “entitled” to the position of monarch by inheritance, whereas in a pure military
government the armed forces of a country assume power by the means of a coup d’etat.
2
Exempli gratia; in Hungary and in Republic of China, even though they are not completely democratic, fit as
an example for they are semi democratic, the first one has 4 branches (executive, judicial, legislative, and
the attorney general). China has five branches(Executive yuan, legislative Yuan, judiciary Yuan, Control Yuan,
and Examination Yuan). Also, is important to mention the difference between powers or branches and
bodies. Powers are the ones that control one specific social role, verbi gratia, the judiciary controls the
courts, but bodies serve a specific function under a power or branch. An example to serve this is Germany
that has three brances( executive, judicial and legislative) but has 6 bodies ( Bundespräsident: Executive,
Bundeskabinett:Executive, Bundestag: Legislative, Bundesrat: Legislative, Bundesversammlun: Presidential
Electoral body, serving under the legislative’s mandate, and the Bundesverfassungsgericht: Constitutional
Court serving under the Judicial power).
3
Presidentialist, semi presidentialist, parliamentary, semi parliamentary, Constitutional Monarchy, etc…
4. In a democracy there is a Political Constitution the defines how the
country is going to be, how the public officers are going to be elected,
how it will work, etc… In a monarchy there doesn’t exists a constitution
and the only orders that are valid are the ones that emanate from the
Monarch.

5. In a democracy human rights are guaranteed by the constitution and its


laws4, whereas in a Monarchic regime the state entities defined by the
king will kill, torture, and abuse people, just to assure a popular
insurrection doesn’t arise.

6. In a democracy there are several ways to have reinstated one’s rights


when they are being abused by government5, but in a monarchy there is
no way to reinstate your non-existent rights, the only way is to get
killed by the king’s army.

7. Under a democracy all are equal under the law, there are no privileged
classes, and the general principles of law apply such as the: Prior in
tempore potior in iure6, In dubio pro reo7, Nemo judex in sua causa8,
contractus lex9, Nullum crimen, nulla poena sine lege10, etc…. Whereas
in a monarchy the monarch is the law and they are privileged classes,
where no laws apply, just the laws of the king.

“L'État, c'est moi” – Louis XIV

4
Exempli gratia; In Honduras The Human rights are consecrated in the 59th article of the constitution, “ The
human being is the supreme end of the state and society”. Also it is defined in the articles; 1, 60-110, and
the 90th article is the generic principle of the due process, that states: “ No one shall be judged, if not by
competent, judge or tribunal, and with the formalities, guaranties and rights, stated in the law.”
5
E.g.: Habeas data, Habeas Corpus, writ of amparo, writ of anti-constitutional decrees, revision writ.
6
First in time, better in law.

7
In the doubt, in favor of the delincuent.
8
No one can be a judge of one’s own cause.
9
The contractual is law.
10
There is no crime and no punishment for an act that is not expressed completely as punishable in a
previous law.

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