Foreword “In a democracy, it is not the voting that matters, it is the counting.” Tom Stoppard, Jumpers (1972) (Act I) Worldwide, the cry for reform and the establishment of democratic governments continued unabated as we passed through the first decade of the 21st Century. As we enter the second decade, these demands have become a full-throated, if not a thunderous, roar. Several reform movements have succeeded in removing long-term, well-established regimes that were unquestionably undemocratic. But an inevitable dilemma faces the people leading these reform movements — what comes next? The reality is that what comes next is often difficult — the establishment of a democratic form of government. An analogy from family life may be helpful in making my point. It is often much easier for family members to agree to tear down their old house than it is for them to agree upon the design for their new house. The challenge facing every successful reform movement is how to design a democratic government that actually works. Oftentimes the debate is as basic as the definition of a democracy. This debate, if not resolved quickly, can result in failure. Democratic government is: “Government by the people, either directly or through representatives elected by the people.” Black’s Law Dictionary, 497 (9th ed. 2009). In essence, it is a government of, by, and for the people. Certain general principles are essential to a democracy. These principles include that all people are created equal and that all people are endowed with certain unalienable rights or freedoms. One of the most fundamental freedoms is the right to choose those in whom the people vest sovereign power. People want to live in a civil, orderly, democratic society with just laws that are uniformly enforced. To achieve this goal in a democracy, the people are willing to relinquish some individual freedoms. They are willing to cede some individual rights to persons they choose to put in a position of having sovereign power (e.g., public officeholders). xv

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