Friday, July 4, 2014

Law is the 'glue' that helps hold Democracy together.

Democracy is a form of government constituted by the very People who are to be governed. Some say that it lacks a 'locus' from where power is exerted. Of course, Autocratic and so-called, Authoritarian forms of government are credited, as having a 'less dispersed' locus of power and hence more 'solid' and more efficient. That 'structural point' may be partially true, but its not completely true. A form of Government is never determined by only 'one facet' of its structural form. A Democracy is a Government of Laws, and the Laws are 'passed' by the Representatives of the People. Law is not determined by the Executive, nor the Courts, nor the Policemen. Everyone is bound by the Law, including the Executive, the policemen, and the Courts, that enforce it. Such is not the case with Authoritarian, or, Autocratic forms of government. In such forms, the Top is the law, or better yet, "its the way things are done". In a Democracy, Law is 'Institutional Glue' and helps to delineate a 'precise structure' to the 'behavior' of People in a 'condition of togetherness'. Law is not 'magic', and heavens knows, that legislators need to study the issues about formulating Laws. The most difficult aspect of governing millions of Individuals, institutions, and practices, at the Bottom, of government, from a 'Top' position, is the 'exacting degree' by which Laws need to be formulated. Its not easy, and its the 'job' of the Representatives who legislate. Some Laws are not functional, and hence, need to be improved, modified, or eliminated. Nevertheless, everyone, from the Top to the Bottom, is required to act in accordance with Law. But, this fact does not impede, in any manner, a functional democracy; it guarantees it. Sure, the Top of government must, in some cases, be able to move rapidly, or efficiently but, the Law allows for such Executive Privilege. One of the problems with a Democracy is the division into 'adversarial Parties'. Parties should not be adversaries, they should be discussing the 'better way' of delineating Democratic Policy and Democratic Laws. They should argue about the best way to serve all the People, not just to the 'loyalists'. Party loyalty sometimes undermines real democracy.

No comments:

Post a Comment

Creative Commons License
Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.