The Missing Principles!

By: Ahmed ELNAHAS – Montopoli, April 3^rd 2014.

“No one is above the law, for all citizens have equal social dignity, and stand equally the same before the LAW”.

In modern times, most Constitutional Charts strongly embrace this principle, to set the foundations and enforce the culture for “Free Participative Democracy”. When a collectivity is fundamentally convinced, ensured and ascertained, that: “legality suits society’s interests, because the respect for rules and regulations improves the quality of living”; then the collectivity will forcefully thrust into open and active participation in shaping politics and policies of Society. That’s what “Free Participative Democracy” is all about.

BUT.. Before speeding your mind into the illusion that such a statement is well established, or even judge it banal and generic; allow me the premise of an important given fact: unfortunately, in our system, Legality and Observance of rules are two categories of which governing parameters are defined and set in/by the Constitution!!

Just ponder, only for a little while, on the relations between Justice and Legality as terms that are seldom considered synonyms; while in fact they are two different concepts. Without Legality, there can be no Justice. Since Legality by itself, cannot guarantee full Justice. On the other hand, although the Observance of norms is indispensable and binding; yet alone it does not possess the force to cross over social inequalities.

Urge then the need for something more. This something more is that the Constitution and its applicative laws, would become indisputably the main source for “turning Justice into a daily practice, capable of delivering to each citizen precisely what belongs to him; what he’s entitled to and what serves him in order to live decently. A task that needs Legality; but as well, it must involve Personal Responsibility, effort, commitment and solidarity of each individual of the entire society”.

“…it is the job of the Republic to remove all obstacles that, in their eventual limitations of Liberty and Equality of all citizens, would prevent the complete development of the Human Person”.

Another fundamental constitutional ruling principle repeated in most modern Democracies’ Constitutional Charts. And, same as the first one stated earlier here above, seem to be overlooked in both our newly imposed Charts. Even worse, both have re-established an urging necessity to extend Emergency Laws, nuzzled the Media and tightened its rope around the Justice neck.

So, if contrary to our charts, all modern constitutions stress on these principles, to “realize an emancipated democracy, in which the accomplished recognition for the rights of liberty is well integrated by the thorough affirmation of the principle of equality and evenness substantially, undertaken not as a simple aspiration, but as the given fundamental norm”. Can you tell who’s right and who’s not?

Pass On The Word.