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 &
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