Professor Phillip Bobbitt writes in Terror and Consent: The Wars for the Twenty First Century 2008- A Borzoi Book published by Alfred A. Knopf. A state that turns on its own citizens is a state of terror no matter what its constitutional evolution.( p.230) A State of Terror must prevent individual self assurance from spreading within a society, for once enough people refuse to be cowed it will be difficult to return them to submission.( p.199) The war aim of the state of terror is to bring about an environment of terror within which consensual choices –the selection of representatives and policies in a democracy, the operations of the market, the exercise of religious freedom and other human rights, especially the rights of women but also the rights of the vulnerable racial, religious and ethnic groups cannot be maintained.( p.205) Legitimacy in governance is a constitutional matter. The reverse is also true constitutional governing is a matter of maintaining legitimacy. In the US courts affirm the legitimacy of government operations by insisting that they conform to the provisions of the American constitution. No act by government is lawful unless it comports with the letter and spirit of the constitution. (p.242) All who are committed to government by consent do in fact share the belief that respect for the rule of law is the indispensible element in legitimate governance because protecting our rights is the purpose that empowers government in the first place.( P285) A state of consent is one in which all persons can exercise the rights of conscience and in the politics of which the individual conscience plays the decisive role by means of a consensual system of laws. (P523) Both Machiavelli and Walzer observe that there are two different moral codes- one for the civilian and one for the government official. ( p.368) Juan Forero, wrote in the New York Times June 24 2004`Latin American Graft & poverty Trying patience with Democracy’ `Class disparities and poverty levels have become so bad in Latin America that leaders are being ousted in violent protests, politicians are being lynched by angry mobs and many people would rather have an honest tyranny than a democracy that serves as cover for plundering the people’s resources.’ William T. Vollman at P.297 of his book `Rising Up and Rising Down Some thoughts on Violence, Freedom and Urgent Means:- published by Gerald Duckworth & Co. Ltd. 200 enquiries: [email protected] He states that an Indication of unlawful authority is: - When the authority can change the social contract at will itself e.g. constitution or laws His descriptions of unlawful authority include: -When the officials are not assistants of the people but become a ruling class. - When the government performs its tasks by force not affection. -When the state does not enrich its citizens but makes them poorer. - When the state does not enhance liberties but restricts them. -When people feel threatened not safer under the Government. -When the people cannot peacefully revoke the social contract. E.g. Using force or money to gain power and retain it. He considers that one may fairly rise up, - When the authority sets itself in permanent power, - when it will not discuss or debate serious issues affecting the welfare of the nation. - when it has no sympathy for the people. -when it aims at permanently damaging the rights of those governed. -when the authority offers no release from obedience if people disagree with it. -when the majority are victimized by a governing minority. -when it seizes greater power in bursts of speed to permanently deprive the majority of fundamental rights and freedoms. - when authority is not lawful in the first place e.g. bribery or corruption of elections. Samoa the most frightening aspect of our times is our government’s silence in the face of clear corruption. Words like good governance, democracy and transparency are used as if they were devoid of meaning by our leaders. We are told that the issues are too big and that we need International Rescue constantly. Foreigners promise to protect Samoan’s traditional rights. Yes, New Zealand even though it has disrespected the traditional rights of our cousins-the Maori. I lay down a challenge. Samoa accept no government unless it will feed all of its citizens three nutritious main meals and three light meals every day of the year. Perhaps that will keep them out of mischief.
Posted on: Sat, 23 Nov 2013 01:58:39 +0000