Liberty comes from the word “liber” in Latin which means free. Liberty is one of the political concepts that people have the freedom of speech, freedom of press, freedom of religious and freedom of arm. It occurs when the state takes excessive action constraining different action, beliefs and thought of people. Second, under the laws set up by the state, every individual citizen are equal no matter what race, sex and culture that they belong to. Third, a democratic government is also elementary which is ruled by either one person who is being selected or elected among all the people or by their own – the citizens.
The dualist point of view also emphasizes the phrase that the state is supreme in its definite territory and the people on its jurisdiction. All decisions must follow the municipal law or the constitution because it protect and preserve the national security and general welfare of the state. In my own understanding, the dualist point of view is giving respect to the concept of sovereignty and its practicality in the laws. But it doesn’t mean that municipal law
As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
The First Principle states that each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all. The Second Principle requires that social and economic inequalities are to satisfy two conditions; firstly that they are to be attached to offices and positions open to all under conditions of fair equality of opportunity, and secondly that they are to be the maximum benefit of the least-advantaged members of the society (the difference principle). The fulfillment of the first principle takes over the fulfillment of the second one and the first principle of equal liberties is to be used for designing the political constitution while the second one relates mainly to economic
Freedom of speech is indeed a basic human right, but does protecting free speech includes hate speech? Having the freedom to say anything causes the possibility of offending or harming certain groups. Consequently, protecting free speech at all costs might result in the instability of the country. Therefore, I disagree with the statement made that freedom of speech should be protected at all cost. Why is freedom of speech so important?
A healthy democracy is sustained by informing and making aware the citizens of conflicting and differing points of view and any inroads into the freedom of speech and expression, and any rules made in the form of imposing curbs thereon would violate Article 19(1)(a) of the Constitution. Such are not saved by Article 19(2)9 of the Constitution. Freedom of speech is an essential feature of any genuine Democracy. The right of freedom of expression is crucial in a democracy, information ideas help to inform political debate and are essential to public accountability and transparency in government, for a democratic system to function, people have to be able to form their own ideas. One must be able to receive many different ideas and information, reflecting many different perspectives, before being able to see the truth.
During the process of creating a social contract, the people exchange their freedom and natural rights for a stable state, thus giving the sovereign the ability to enact laws. Many believe that the modern day executive branch fulfills the role of Locke’s sovereign, and is responsible for protecting public interests i.e. the natural rights of the people, despite the lack of specific legislation . According to Locke’s theory a law created by the sovereign is only valid if it is related to an individuals natural rights of life, freedom and property. Thus the law “you will not stand on the blood of your neighbor” is valid because it protects the natural right that an individual has to life.
If state and lawmakers are careful in identifyings societiy’s needs and problems, law should improve quality of life. The government’s foundation is in the consent of the governed. In a democracy, the citizens are sovereign which means they are the prime form of political authority. Power is from the people to the rulers of government, who hold power only temporarily. In a democracy, citizens are free to criticise the elected leaders and representatives, and to view how they deal with the matters of government.
Therefore, it is the high time for us to examine the both sides of democracy thoroughly. Benefits of democracy First of all, democracy safeguards the people’s interests by holding the politicians accountable. Elected by the people, politicians have to be fully responsible to the voters. If their
Hence, preventing dictatorship. Freedom of speech should be made absolute to allow citizens to exchange views and information, to protest against injustice, to influence the public discourse, and to criticize the actions of the government. Therefore, restrictions on free speech cause harm to democratic life and stands in contradiction to the fundamental principles of