Saturday, January 9, 2016

A new concept of the State, or, how the One governs the Many.

The old concept of the "State" was considered a " persona ficta, because not a man". Obviously, "man"(also women) is real in a sense that the State is 'not real'. The State became recognized as a "legal fiction" which existed only in "contemplation of Law". Everyone now accepts, the fact that the State is a "political Institution" and "must exist". A "State", 'any State', 'all States' are 'political Institutions', whether organized as Autocracies, differing 'variations' of Autocracy, Kingdoms, Plutocracies, or Democracies. All of the above were historically instituted by an Individual or Individuals to serve as a 'Pivotal Point' for the 'Authority to Govern'. Of course, that is the source of all political power. But, a fiction, in whatever disguise it might assume, soon becomes obvious as a non-existent 'thing'. A 'fiction'cannot hold together the integrity of Government, especially when the 'governing' is real. To be sure, its a very important political concept, but that must not distract us from attempting to establish a more 'valid description' of the 'actual thing' called The state or the Government. Of course, it has to be an Political Institution and it 'must govern' the 'Many People' at the 'Bottom' of the established structure. That 'need' creates a relation between a Top and a Bottom. Of course, the 'Top' is the State, and the 'Bottom', are the millions of People, that are the 'Governed'. But that primitive structure, alone, is inadequate. It needs another 'aspect'; one that determines the correctness of the Governing. Of course, this would be a Judiciary that determines the Constitutionality of the 'Institutionalized Laws'. That is a 'Triadic form of government' where the Top governs according to the Constitution and the Bottom is governed by Law. The Top must govern according to Law; the Bottom must follow the law; and the sides must clearly 'define' the Law, i.e., keep the triadic nature of the Governing process in 'constant motion'. This relation is real; the form of Government is real, and the People governed are real. There are no 'fictional components' to the triadic nature of the Governing process.

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