Safeguards for maintenance of freedom / liberty.
Safeguards for maintenance of freedom / liberty.
What are the different conditions for maintenance of freedom?
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Safeguards of freedom / liberty :-
The special measures that are in force in every liberal and democratic state to protect individual freedom are called safeguards of freedom. Professor Lasky has given special importance to these systems of law in protecting freedom. Safeguards of freedom are important in every liberal democratic state, because without them, freedom cannot be properly realized.
Freedom can never be absolute; because, absolute freedom is the name of arbitrariness. Therefore, true freedom is called legal freedom. Law specifies and complements freedom. The safeguards of freedom in a modern liberal democratic state are -
1. Constitutional rules and systems and fundamental rights: -
Many consider the fundamental rights written in the constitution to be the main safeguards of freedom. If fundamental rights are written in the constitution, the people are aware of them and if the fundamental rights are violated, they can approach the courts. On the other hand, the state is determined to protect these fundamental rights of the citizens. Some of the fundamental rights written in almost every constitution are - freedom of speech and expression, freedom of religion - etc. Fundamental rights are written mainly to prevent government interference in the fundamental rights and freedoms of the citizens.
2. Application of the principle of separation of powers: -
The principle of separation of powers has been followed in countries like the United States, France, etc. According to the principle of separation of powers, each of the three departments of the government - legislative, administration and judiciary - will be neutral to each other; that is, one department will not interfere in the work of the other department. Because if one or more groups of individuals seize the power of more than one department - then that power can easily make that person or group of individuals dictatorial. For all these reasons, the principle of separation of powers is one of the safeguards to protect freedom.
3. Power - Decentralization: -
If all the powers of the state are vested in only one central government - then there is a danger of curtailing freedom. Through decentralization of power, state power is distributed among different parts of the system of governance. As a result, no single authority can misuse power alone; as a result, the rights of citizens to freedom are protected. Lasky has identified decentralization of power as one of the safeguards of freedom.
4. Rule of Law: -
Political scientists such as Professor Dicey have described the rule of law as one of the safeguards of freedom. Rule of law refers to - (a) the primacy of law and constitution, (b) equality before the law, (c) the right of everyone to be equally protected by the law. In a liberal democratic system, the rule of law is in force; as a result, the state or government cannot interfere with the fundamental rights of citizens and violate civil rights. When the freedom of citizens is protected by law, true freedom is established.
5. Representation of the people: -
If the representation of the people is recognized in the state system, freedom is protected. In the representation of the people, the source of governing power is the people. The government is elected by the people and the government is forced to formulate policies by giving importance to the will, reluctance and hopes and aspirations of the people. As a result, there is a possibility of greater protection of civil liberties.
6. Responsibility of the government: -
The responsibility of the government is an important safeguard of freedom. If the government is responsible to the people, there is less possibility of the government becoming dictatorial. For example, in India, the central cabinet is jointly responsible to the people and the legislature. In this type of state system, the freedom of citizens is protected.
7. Independent and impartial judicial system: -
An independent and impartial judicial system is another important safeguard of freedom. The democratic and fundamental rights of people are protected only through an independent and impartial judicial system, justice is established, and people can exercise their individual freedom. Therefore, an independent and impartial judicial system should be in force in every state to protect the right to freedom.
8. Public opinion:-
Public opinion is a direct element in the protection of freedom. Public opinion strongly resists any kind of interference with freedom. This resistance is a powerful element in protecting freedom. The state refrains from adopting anti-people policies for fear of opposition from public opinion. The Greek philosopher Pericles therefore claimed that the well-reasoned public opinion is the main source of protecting freedom. Citizens participate in movements - revolutions - rebellions to protect freedom.
9. Democratic state system:-
The democratic structure in the state system is one of the main elements in protecting freedom. If the democratic structure is in force in the areas of elections, appointment and dismissal, administration, autonomy - etc., the people can directly participate in the state system and protect their freedom.
10. Universal Education:-
In the modern state system, universal education is considered as one of the safeguards for protecting freedom. Educated and aware people can be aware of their rights and can take action against it if their freedom is violated. Lack of education in society reduces freedom.
Finally, it can be said that the above-mentioned safeguards for protecting freedom are formal and statutory means. Many other social and political issues are involved in it. Although the state is determined to protect the freedom of its citizens, if the people's right to freedom is violated, the people have to approach the judiciary or join protests and revolutionary movements.
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