“The Americans have combated by the laws the despotism of the king; they are obliged to guard against the despotism of the legislature.”Alexis de Tocqueville · Despre democrația în America · 1840 · Volumul I, Partea I, Capitolul 8
Democracy can give birth to a new despotism: the tyranny of the majority through law.
Tocqueville observes a danger of democracy: the power of the majority, expressed through law, can become as oppressive as an absolute monarch. If the legislature passes laws that violate minority rights or individual freedoms, a new despotism arises, this time of the crowd. For example, a law limiting free speech under the guise of public order can be tyrannical.
Tocqueville shows that the tyranny of the majority does not only come from harsh laws, but also from social pressure. When everyone thinks alike, no one dares to be different. For example, in an office meeting, if all colleagues approve a bad decision, it is hard to be the only one who objects. This fear of being excluded can make us silent, even when we know it is wrong. Thus a more subtle but equally dangerous tyranny is born.
Why it matters Today, it warns us not to confuse democracy with the tyranny of the majority and to always protect individual rights through constitutions and checks.