Liberty is a construct that is both established and upheld by the State through its intricate framework of laws. However, it’s essential to recognize that laws do not possess an inherent agency; they neither articulate themselves nor possess self-enforcement capabilities. Instead, they are the product of human will, originating from individuals or groups known as the government, and necessitate enforcement by the same entity. Even in representative forms of government, there exists the potential for actions that could undermine the very liberty they are meant to safeguard. This notion is encapsulated by the adage: “Power corrupts, and absolute power corrupts absolutely.”
In response to this inherent vulnerability, societies have devised a range of mechanisms designed to shield the liberty of their citizens from arbitrary encroachments by the government. These protective measures are collectively referred to as safeguards. Learn more about what liberty is.
The Major Safeguards of Liberty and Their Explanation
Want to learn about the major safeguards of liberty? How can you save your freedom of choice? Political thinkers express their views on safeguarding liberty in various ways, such as (1)constitutional Guarantee of fundamental rights,(2) an independent judiciary, (3) separation of powers, (4) rule of laws, (5) referendum and recall, and (6) people’s vigilance and Courage.
Constitutional Guarantee of Fundamental Rights
A pivotal safeguard lies in the unambiguous proclamation of fundamental rights within a country’s constitution. These rights are integral to the framework of the constitution, serving as a delineation and confinement of governmental authority. When the government transgresses these rights, individuals who suffer from such violations possess the recourse to seek justice through the judicial system. For example, in the constitutions of nations such as India, China, and the United States, specific rights are guaranteed to their citizens, forming a foundational pillar of their legal systems.
Independent Judiciary
In any democratic society, the existence of an independent and impartial judiciary is absolutely crucial, as it serves as the vigilant protector of our cherished liberties. This fundamental pillar of our system is entrusted with the vital responsibility of upholding individual freedom. The core function of the judiciary revolves around the discernment of the constitutionality of laws and the assessment of executive actions for potential infringements on individual rights. Therefore, it is imperative that the judiciary remains insulated from the influence of both the executive and legislative branches, ensuring its autonomy and integrity in safeguarding the precious rights of our citizens.
Separation of Powers
The system of safeguards of liberty through the separation of powers and checks and balances is a cornerstone of our government. This framework ensures that each branch of government has distinct functions, preventing any one department from monopolizing power. While achieving a perfect and absolute separation of powers may be neither attainable nor desirable, it is widely acknowledged that the independence of the judiciary is paramount for preserving individual freedoms.
In essence, the separation of powers, along with its system of checks and balances, serves as a safeguard of liberty. This framework not only prevents the concentration of power in a single branch but also ensures that each branch can keep the others in check. Nevertheless, it is the separation of the judiciary that is deemed absolutely indispensable for the protection of civil rights and the preservation of individual liberty.
Rule of Law
In a nation like England, where the constitution is unwritten, the concept of the rule of law is often seen as a sufficient protector of individual freedoms. The rule of law encompasses several key principles, notably: (a) the requirement for administration in accordance with established and publicly disclosed laws, and (b) the imperative of equality in the eyes of the law. Essentially, this entails that all governmental powers must be derived from the established legal framework, and no one can be deprived of their liberty without due process under the authority of the law. Furthermore, it stipulates that the law should not discriminate among different groups of individuals.
However, it is important to acknowledge that the power derived from lawful authority can be prone to misuse. Furthermore, in a society marked by significant disparities in wealth distribution, the idea of equality under the law can appear illusory. As aptly noted by Laski, true equality before the law seems unattainable in a society divided into distinct social classes. In such a society, the legal framework often tends to work to the advantage of the affluent, thereby rendering the rule of law an insufficient safeguard of liberty.
Responsible Government
It is widely believed that a government established by the citizens and accountable to them serves as a bulwark for safeguarding liberty. Furthermore, it is imperative to maintain a well-structured opposition within the legislative body, which plays a crucial role in upholding this cherished liberty. The opposition, through its critique of the government, serves as a vigilant guardian of the people’s freedoms, ensuring that the government remains on the right course. In essence, this organized opposition is a vital component of the safeguards of liberty.
Referendum and Recall
In certain jurisdictions, such as France and Switzerland, the establishment of rights pertaining to referendums and recalls has been enshrined in the legal framework. These rights are widely acknowledged as essential safeguards of liberty, as they empower citizens to exert a level of influence and oversight over their elected representatives. This empowerment allows the citizenry to maintain a measure of control over their democratic processes, ensuring that their voices are heard and their interests are represented effectively.
People’s Vigilance and Courage
The safeguarding of liberty relies not only on the various mechanisms within the system but also on the courage and vigilance of the people. As Pericles wisely stated, “The secret of liberty is courage.” It is not sufficient to solely depend on the safeguards of liberty; rather, the true guarantee of liberty lies in the determination of the people to defend it when it is under threat.
For freedom to remain unassailable, liberty-loving individuals must remain vigilant and consistently monitor the government’s actions. They must summon the courage necessary to stand up and declare war against any encroachments on their liberty. In doing so, they ensure that their liberty remains inviolable, transcending the confines of mere institutional safeguards.