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LAW
AND DEMOCRACY : Prof. M.S. Venugopal
Really
speaking there cannot be any distinction between knowing law and
knowing democracy. Of all the political and legal systems that
man has evolved and suffered. Democracy seems to be the best infact,
the spirit behind a democratic system and a legal system is the
same, viz. to give scope for the best among men and for the best
among values.
Democracy,
a political system in which we visualize the activism of rule
of law avoids many of the deficiencies and discrepancies in the
other political and legal systems such as, for illustration, autocracy,
plutocracy, oligarchy and you name it. In these systems there
is an element of commanding and so compulsion and sanction. Indirectly
there is some fear or apprehension in obedience to legal rules.
Moreover in all these systems the element of human instinct and
therefore arbitrariness is inevitable. In these systems law becomes
a technic for the exercise of power rather than for the distribution
of power.
Hence
the present writer believes the democracy is a fruitful ground
for better exploitation of aspirations of law. It is so because,
the emphasis is not only for the making or enforcing of law, but
it is also for complying with law. Democracy is a system in which
more responsibilities are created and more institutions are created.
As most of the creative norms are possible in the free society
and these take the shape of specialized and developed institutions,
there is an inter relationship between the individual and the
state due to the diversified and mutually linked hierarchy of
institutions. Therefore there is no visibility of the bridge between
the ruled and rulers. Infact, the symbol of democracy can get
a definite shape because the concept that the rulers are ruled
and the ruled are ruling becomes a strong force.
The
agencies of legal enforcement get distributed and diversified.
Judiciary becomes relatively independent. The executive is controlled
by public opinion. The legislature becomes responsible and responsive;
business, politics, industry and social activities intermingle
and intertwine, therefore instead of men becoming stronger, institutions
become stronger, stable and systematized. Therefore rule of law
begins to have its influence.
In
a democracy checks and balances play vital role. So the rule of
fair hearing, the possibility of legal aid, the application of
natural justice, the concept of equality and impartiality, the
control of administrative agencies by reviewing the actions-all
these have a real chance of practical application. Moreover, the
ambit of rights and liberties can be broader only in a democracy.
So
knowing law in a democracy becomes a methodology to protect our
rights and a powerful instrument in directing the course of events
and a service in aiding the empowerment of an unfortunate exploited
society.
Click
here for more on this topic.
Prof. M.S. Venugopal
J.S.S. Law College
Mysore.
Kannada
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