Tuesday, August 19, 2008

An 'Unsafe' Paradigm

Simply Left Behind HERE:

Paradigms Found’

The underlying flaw of any political or economic system -- democracy, capitalism, socialism, communism, even dictatorship -- is the human element: people cannot be easily predicted or controlled. In the right wing interpretation of a capitalist democracy, there is simply no accounting for the greed, avarice and rapaciousness of individuals.

Even Adam Smith, the father of modern capitalism, warns of this and suggests the only power great enough to deflect these basic human impulses is government
.”

Comment
Oh, No sir. Government is NOT ‘the only power great enough to deflect these basic human impulses’ of ‘greed, avarice and rapaciousness of individuals’.

It is the rule of law that protects the individual and that is never the same as government. Under the separation of powers the Legislature is separated from Government and both are separated from the rule of law. Each is independent from the others and can be called to account for their misbehaviour.

This, Sir, is built into the US Constitution.

It is partly achieved in Britain (where the government – the ministers of the Crown -sit in the House of Commons; where the Law Lords sit in the House of Lords (one sits in the Cabinet). But judges and magistrate sit for life and for ‘good behaviour’).

The system is not perfect but our liberty does not depend on the goodwill or ‘good behaviour’ of government. Perish the thought!

The people hold their governments to account in regular, free, elections. Our liberties are enshrined in our history, not party-political manifestoes.

If liberty depended on politicians alone it would not last.

If liberty dependended on governments alone it would be eroded at their convenience.

When liberty dependends on the rule of law alone, it is safer than the inclinations of the other too.

5 Comments:

Blogger Carl said...

It is the rule of law that protects the individual and that is never the same as government.

And, uhhhhhhhhhh, tell me: who enforces the rule of law.

Thank you. I thought you'd agree with me.

3:29 pm  
Blogger Gavin Kennedy said...

No Carl. Governments do not enforce the rule of law; the justice system, the courts, juries and judges enforce the rule of law, and all instruments of the courts, including police, FBI, and National Guard, MUST conduct their actions within the limits prescribed by law.

When governments short circuit the law they impose tyranny.

I hope you agree with me that governments are not identical to the instruments of justice; it was the struggle for liberty against those who considered themselves to be the law - the rule of men - that created the rule of law, not men.

4:03 pm  
Blogger Carl said...

Governments do not enforce the rule of law; the justice system, the courts, juries and judges enforce the rule of law

You ought to sue your civics teacher for negligence, idjit.

WHAT IS THE JUDICIAL SYSTEM? IT IS THE GOVERNMENT, ASSWIPE! It says so in the goddamned Constitution of the Yoonited States!

7:53 pm  
Blogger Gavin Kennedy said...

Carl
The generous standards of discourse among serious searchers for clarity are such that your language shows that you fall well below it.

When ignorance predominates, vulgarity asserts itself. I consider our conversation closed.

5:36 am  
Blogger Nasrin Afshar Azadeh said...

When ignorance predominates, vulgarity asserts itself. I consider our conversation closed.Gavin

Gavin that was very appropriate response. l totaly agree with your reaction to vulgarity. l understand that Judiciary is totaly seperate entity - and many people who fought for democracy paid with their lives for this to realise.

10:44 am  

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