The rule of law in a democracy

Thu, Jul 27th 2017, 10:53 AM

Four of the fundamental features of a strong democracy are free and fair elections, the protection of basic rights and freedoms, an independent judiciary and the rule of law.
Emerging democracies often enjoy free and fair elections yet are less robust or weak when it comes to the rule of law and an independent judiciary, both of which take time to develop and generations to sustain.
While free elections bring a party to government, every government must be held accountable to the rule of law. Elections are only a part of the democratic story.
The rights of citizens are protected by the judiciary, which also checks against the abuse of power by the executive and legislative branches. The judiciary interprets the constitution on a given matter.
The notion espoused by some foreign policy thinkers in the U.S. that democracy can be externally imposed is naive about the length of time it takes for democracy to take root in a country. Case in point: Iraq.
Democracy requires practice and vigilance. It must be renewed in each generation. The heated discussion on charges brought on former Environment and Housing Minister Kenred Dorsett and former Public Hospital Authority Chair Frank Smith revolve around the rule of law.
It is a matter of the rule of law for the police to charge a citizen on a given matter if the evidence warrants a charge. The rule of law also dictates that a citizen has his case properly adjudicated in court and that there is an appellate process.
There should be no rush to judgment. An individual must be assumed to be innocent unless proven otherwise. The matters of the two recent are before the court and should not be politicized.
It is inexcusable whenever the paperwork to charge someone is late, as was the case with Smith. No one should have to endure such a needless and painful delay.
The suggestion by Opposition Leader Philip Brave Davis that the PLP will offer retribution in payback to the FNM for the recent arrests harms the principle of the rule of law. Is Davis suggesting that the police are abusing their power and not abiding by the rule of law?
In the United States, Australia, Israel and other countries, politicians, even at the highest level, are regularly tried on various charges of corruption. This is standard for countries which abide by the rule of law and have an independent judiciary.
The rule of law must constantly be protected. The recent attempt to subvert the independence of the judiciary in Poland was blocked because of widespread backlash among the public, many of whom took to the streets in protest in Warsaw and across the country.
The ruling right-wing Law and Justice party passed in both houses of parliament legislation that would have forced current Supreme Court justices to retire early.

Sweeping
The legislation would also have allowed new judges to be appointed through a more politicized process by the Justice Ministry and would have given the government sweeping powers over the courts.
Polish President Andrzej Duda vetoed the two bills that would have weakened judicial independence, stating: "This law would not strengthen the sense of justice."
Bahamians have long complained that they believe that there were two standards of justice in the country, and that the rich and powerful often seemed to be above the law. If the rule of law is to be sustained and more deeply entrenched, citizens must believe the law is being applied fairly and equally.
The adage, "Where there is no justice there is no peace,", can be seen in Venezuela, where many democratic norms have collapsed under the dictatorial assault of President Nicolas Maduro, who, though elected to office, has acted as an autocrat. Maduro and his government have trampled basic rights and freedoms, the rule of law and the independence of the judiciary.
In the U.S. President Donald Trump has attacked the judiciary, including on rulings on immigration bans his administration sought to enforce. The courts have blocked his administration on several occasions.
The democratic crisis now facing America is how Trump may attempt to stop an independent investigation by the Justice Department's Special Counsel Robert Mueller into whether there was collusion between his general election campaign and any of its associates with the Russian government.
Given the many elements of democratic liberalism Trump has transgressed, one can imagine Trump laying waste to longstanding democratic norms. Writing in The Atlantic Peter Beinart observes: "Why do Donald Trump and his advisors keep floating the possibility of firing Robert Mueller, an act that would spark the greatest constitutional crisis since Watergate, perhaps the greatest in modern American history?
"Partly, it's simple rage. Mueller threatens Trump. And when Trump sees someone as a threat, he tries to discredit and destroy them - conventional norms of propriety, decency and legality be damned.
"But there's another, more calculated, reason. Trump and his advisors may genuinely believe that firing Mueller is a smart move. And if you put morality aside, and see the question in nakedly political terms, they may be right.
"The chances that Mueller will uncover something damning seem very high. Trump has already admitted to firing former FBI Director James Comey over the Russia investigation.
"Donald Trump Jr. has already admitted to welcoming the opportunity to get dirt on Hillary Clinton from people he believed were representatives of the Russian government. Even if Mueller doesn't accuse anyone of a crime, he's likely to paint a brutal picture. And that's just on the question of election collusion and obstruction of justice.
"If Mueller uses Russia to segue into Trump's business dealings, who knows what he might find. An all-star team of legal and financial sleuths, with unlimited time and money, and the ability to subpoena documents and people, have been let loose on the affairs of a man whose own autobiographer called him a 'sociopath.' No wonder Trump is scared."
The rule of law is designed to guard against the abuse of power and to ensure treatment of all citizens before the law. We undermine the rule of law when we fail to apply it equally to all citizens. No one should be above or beyond the law, and all citizens should have their rights protected by the law.

o frontporchguardian@gmail.com, www.bahamapundit.com.

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