Friday, August 22, 2014

THE LOGIC OF DEMOCRACY

THE LOGIC OF DEMOCRACY Iyke Ozemena  Attorney Corporate Consultant  Author:  The quest for democracy is like a treasure hunt. A hunt for a just and egalitarian society with its attendant glories.  It begins with the recognition that all men are created equal and free.  Equality by creation and biological composition. It recognises, however that the scope of freedom enjoyed is not equal; it varies between individuals, class and society.  And that these freedoms  are symbolised by certain inalienable rights generically called fundamental rights.  World institutions have at various for a and opportunities supported these univer4sal principles.  For in stance United Nations Declarations on Human Rights 1948 (UNDHR) provided:  Article 1.  "All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood"  The pursuit of these democratic norms have led to increased support for political and economic freedom around the world. American independence is an example of the desire of a people to live and practice democracy. This desire can be found in the preamble of US constitution.  These rights are not absolute.  First and foremost, they have to be demanded because some of them can be taken away unnoticed.  This may happened inadvertently or in the exercise of executive or administrative powers.  Because of the importance of these rights democracies strive to entrench them in the constitution; and whether or not these rights are  observed form the basis of measuring democratic societies and their governments.  It would be contrary to the ideals of democracy not to observe these rights. Modern governments are not only democratice they are also transparent. And transparency is critical to the integrity of government.  In order to enforce these rights and provide security and social justice the state requires total allegiance of its citizens.  By so doing the individual surrenders part of his/her freedom to the state in exchange for secdurity and welfare.  Then the aggregate powers that accrues to the state is held and exercised on trust for the people.  Such government is held accountable to the people at intervals. The UNDHR Article 3. "Everyone has the right to life, liberty and security of person."   The emergence of modern government symbolises a commitment to democracy and enhancement of freedom.  For a goveernment to be democratic certain elements have to be present.  The rule of law is an epitome of democracy.  A democratice goveernment is supposed to emerge from a fair and credible election, and that assumes the existence of impeccable electoral institutions. The sanctity of ballot box through which people choose and remove their leaders is not negotiable.  Many nations have fought to achieve democracy. The Frecnh did that in the 19th century.  A lot staged revolutions like in Russia 1917 and finally got  it in 1990. China under Mao tried many years before Tiananmen square protests of 1989. Nicaragua through the Sandanista National Liberation Front fought several years for democracy.   Election provides opportunity for participation in politics.  It is also a process of enforcing mandate of representatives.  It encourages genuine choices. The ballot box democracy as it is called.  Perhaps because this is practised widely in the West it becomes the orthodox.  However, the legal basis of democracy is consent.  The consent that the government by the reprsentaatives of ther people exercise authority over the governed.  This authority is the collective will of the people.  The people can revoke their consent because it is not absolute.  A mandate lasts for a specific period after which the stewards render account of their service to the people.    <P>  Iyke Ozemena   Attorney  Corporate Consultant  Author:    <P>  DIRECTORS: Duties & Enforcement  | http://www.amazon.com/dp/B005783S6S    <P>  The 13th President  | http://www.amazon.com/dp/B0058CXE1W    <P>    GUIDE TO FINAN$IAL $ECURITY  | http://www.amazon.com/dp/B005EFTHNC    <P>    IDEAWORKSHOP MANUAL: ENTREPRENEURS  | http://www.amazon.com/dp/B005FEHCDE    <P>     <P> <P>    <P>   <P> <P>
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