The Creation of Democracy – Part II


With a change-over in government/bureaucratic powers and the shape of the constitution, the laws themselves and their protectors and promoters must come under scrutiny.  Effective immediately, every judge, lawyer and police officer is suspended of duty.  With the entire legal system under review the legal profession will likely collapse and be reborn.  Have no doubts.  The profession will change and the legal profession potentially eliminated as a career.

First:  The Clean Up of the Current Legal Affairs

The military will act as a policing agency, with suspended police officers serving temporarily under military jurisdiction.  With all laws suspended, so too, is the court system.  Serious crimes – life threatening crimes (either imminent or previously committed (i.e.: murder)) and maintaining order will be a temporary measure.

The Clean up of all laws.  Organize a randomly selected group of 100 citizens across the country.  Their purpose is to check all federal laws with the intent to cut 90%.  Each Province will select Other groups of 100 citizens.  Theirs will be the responsibility to clean up provincial Acts/Laws.

In the review:

  1. If the citizens cannot/do not understand the written code of an Act or Law after two paragraphs that Act/Law is expunged.  This is an act of common sense.  If the layperson can make no sense of the wording or meaning of a document, it is of no value.  Therefore it cannot be used as it is open to as many interpretations as there are people.  (this is one of the challenges with the legal state today – legal matters are too incomprehensible and thus open to interpretation and not citizens and lawyers using their common sense on each case)
  2. If the citizens’ do understand and comprehend the language they must then decide if the Act or Law possesses common sense, has some real strength  and value.
  3. If Acts/Laws exist on both levels of government, a handful of Federal and Provincial clean-up citizens will switch offices and review the other level’s laws.  If they are exactly the same the federal law will dominate.  If the provinces have Acts/Laws that are more detailed, and are proven to have value and common sense, they will replace the federal law.  In either case one Act or Law remains.
An example of elimination:  Jay-walking.  There is a fine for taking your life into your own hands.  How ignorant is this?  Granted, you may put someone else in danger (such as a driver of a vehicle, but please common sense is – a vehicle will win out against flesh and bone every time.)  This law is ridiculous and a waste of staffing requirements.  It also fails to allow the citizens to take responsibility for themselves.  For example, without a jaywalking law, anyone can choose to jay-walk.  If they sustain an injury or cause an injury due to their jaywalking, the responsibility falls upon them, including all medical bills.  If a driver of a vehicle chooses not to stop and strikes the jay-walking pedestrian, they share equally. Granted accidents to happen, but the jay-walker’s intent was clear – thus the responsibility falls upon them.  Do we need a law for that?  Why not just educate citizens from a young age on responsibility and the fact that all actions have consequences and outcomes.
Example 2:  the Mandatory 2011 Canada Census.  Is it just or fair to punish a citizen for not filling out a form?  That is absurd and, more direct, asinine.  There is no common sense in this law.  Expunge this law immediately. (Note:  as far as I’m able to discover the Conservative leading party in Canada has plans to act on this).  Shoot the idiotic bureaucrats and politicians responsible for coming up with such mandatory paper filing nonsense.  Ignorance is forgivable.  Stupidity is not.
Second: The Need of Common Sense

All Acts and Laws need common sense as a foundation.  Common sense incorporates self-empowerment, self-responsibility, the good of the many and the good of the person in all cases.  The goal is to support a healthy balance between all these factors.  The need to remove the victimization within the legal state is a large issue.  In our current nation-state, we designed most laws to protect victims.  We are a nation of citizens and therefore equals.  None is a victim.  The very term indicates a segregation and abuse of power not self-empowerment to the person.

Common Sense in a court of justice (or a court of law depending on how the society chooses to set it up) will bring up strong feelings on either side.  For example the act of rape.  This itself is a monstrous act by the rapist – but what of the rapist’s history?  Are they victims of their upbringing?  If we choose to see them that way, we must take their history into account.  Granted, the victim may want the man imprisoned, castrated, or even killed.  These judgements and desires may be right for retribution and personal justice, but what of the rapist’s justice for his/her life?  Common Sense has to take in all these issues and hopefully come up with a fair treatment of all parties concerned.  Should the rapist be responsible for all medical bills and repatriation of some kind – certainly.  Should they go to prison?  That must be a case by case decision decided by a group of his/her local peers who are aware of the entire history.

Third: Creation of New Laws (if Necessary)

How many Acts and Laws are necessary to govern a nation-state?  The answer is an astonishing very few, and perhaps one (that One Law being to never make another law).  The less Acts/Laws that are in place, the more responsibility, self-empowerment and self-governance are in the hands of the individual citizens.  To secure these factors the education system must inform citizens from a very early age of their rights, responsibilities and privileges. (See next Blog – Citizens’ Expectations)

Mentioned in an earlier Blog (Creation of a New Constitution) power and decision-making must fall in the hands of the citizens.  Members of Parliament must take all Acts/Laws back to their constituents.  If the constituents choose to not accept legislation being drafted, their representative must vote in favour of the majority.

Example:  Capital Punishment for Impaired Drivers who Main or Kill While Driving Impaired.  A Federal Bill is drafted.  Representatives take it to their constituents.  There is a clear split across the nation.  At this point, every vote taken into account.  If entire ridings or a clear majority (more than 80%) of a riding is in favour, that riding may accept the ruling and turn the Bill into a local law.  Other ridings that refuse would not recognize the law.  The responsibility, enforcement and interpretation of the law falls into each riding.  The analysis of the vote must be taken down to the level of townships within ridings.

The Responsibility of all parties (citizens, representatives, bureaucracies) – Every ACT/LAW reviewed every 7 years and either discarded or updated.

Fourth: Enforcement and Punishments

Is punishment necessary?  Is Enforcement?  These are not easy questions to answer.

Example of a Judgement decided by a Jury in Ancient Greece:  In ancient Greece, courts were held without judges or lawyers.  the defendant and plaintiff would ‘plead’ their cases before a jury.  A water-clock of duration no more than one hour timed statements.  At the conclusion, the jury of their peers listened to each party’s desire for punishment or repatriation.  Juries would normally take the lesser damaging one. The example shows a much cleaner system, where parties defending themselves before a randomly selected jury were prone to ask for retribution that was agreeable and sensible to all concerned.

What I’m really raising with this Fourth section is fairness of shared responsibility on any issue or wrong-doing.  There are as many punishments (let us call these Karmic Debts) as there are incidents, each Debt decided upon by the factors of the incident(s) and people involved.  Some Karmic Debts are necessary and need not be mean nor harsh.   Most incidents occur by accident or my emotional responses and lashing out, such as a bar fights or a driving mishap.  In these cases, most people learn their lesson immediately, without the need for any punishments.  The Karmic Debt will be their’s for their lifetime.  Punishment enough, depending on the incident.

Circumstances are measured case by case.  A good repayment of debt might be to have the person do community service twice a month for the next five years where they teach school children the dangers of drunk or impaired driving, or what can happen in a bar fight.  Paying for another person’s medical bills, or property damage where it hurts the pocket-book is an equally effective punishment.  What we should not do is treat people as less than they are.  By throwing someone into a prison system that serves to segregate and cause even harsher treatment of people we are showing ourselves we do not respect ourselves or our society.  There are always better ways to re-educate and repair past mistakes and damages.  Once again, I must stress how important it is to look at each case individually, look at each person’s history and ask what type of repayment of debt will benefit all concerned.  (Not an easy question to answer.  However, if the question exists, the answer exists also.)

The debate on punishment and enforcement can continue ad infinitum.  At this juncture I’ll end this blog.  Next week, I shall look at the Citizens’ Expectations – their rights, their privileges AND their responsibilities.  I shall also expound on the rights and expectations of the bureaucracy.


About jsmeraka

A writer and all-round contrarian, I've worked in and out of government and the private sector, shared radical thoughts on political and global change and aimed to live on the fringe of political and creative thought. That doesn't mean I do. I just hope so.
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