In order for Liberal Democracy to work in the way that it is intended to work; there are four pre-requisites. Firstly the democracy must be a constitutional democracy, where the constitution of the state is clearly available to, accessible to and understandable by the citizenry; and this constitution must be the supreme law of that state.
Secondly the democracy must enshrine a charter of human rights that clearly illustrate the rights, freedoms and responsibilities of each and every individual citizen; to grow and develop to their individual optimal potential. This charter of human rights must be the foundation upon which all laws are phrased and upon which all public and private policy and contracts are based.
Thirdly the democracy must establish within its constitution, the separation of powers, so that the legislative parliaments are independent of the executive cabinets and ministries and of the judicial courts.
Fourthly the democracy must provide for the respect for the mutual agreements reached between and among people, irrespective of how those agreements are reached (i.e. irrespective of whether they are verbal, written, formal or informal agreements) and irrespective what these agreements cover, provided that the agreements do not seek to enforce illegal actions.
It is through this combination of these four elements that a constitutional democracy becomes a Liberal Democracy. However in order for this system of checks, balances and counter-balances to work; the citizenry and the leadership must have respect for the Rule of Law.
The Rule of Law is distinct from the Rule BY Law which is how fascist and military regimes operate. Rather the Rule of Law assures each and every person a fair trial, an independent judiciary and consistency. That is to say that the Rule of Law prevents arbitrary decisions, such that the weak and powerless are punished while the strong and powerful are exonerated.
By removing this arbitrary decision making from government, the judiciary and civil society; we remove the potential for decisions to be made in favour of people paying or accepting bribes or other unethical inducements. By doing this we guarantee that in a Liberal Democracy, each and every person is assured of EQUALITY BEFORE THE LAW.
Further to this, the Rule of Law requires that the citizenry and the leadership accept the outcome of the judicial and legislative process, provided that the procedures for the protection of the rights of all people have been followed and provided that the methods of equality before the law were implemented as and when they should have been.
Questions:
1. In terms of the above, explain why the Rule of Law is vital for the existence of Equal Opportunities for Each and Every Single Person?
2. In terms of the above, explain why the rehabilitation of convicted criminals is so important for a functioning, vibrant, dynamic and growing Liberal Democracy?
Avishkar Govender
eThekwini-Durban
KwaZulu-Natal, South Africa
SADC - AU