Rule of Law and Tyranny

From Multitude;

The idea of Republican virtue has from its beginning been aimed against the notion that the ruler, or indeed anyone, stands above the law. Such exception is the basis for tyranny and makes impossible the realisation of freedom, equality and democracy.

I would add prosperity to this list too.

The rule of law is a constant theme on South Sea Republic. For this reason an Australian Republican, as should any Republican, rejects that a state of exception exists when a nation is at peace, at war, or under external pressure of any kind. The rule of law is more precious than the ability of a government to act outside of the law.

The best example of not giving into despotic passions is James Madison in the war of 1812. Despite great pressured to do so, he would not relent his principles or the nations Republican virtue. He was firmly of the belief that doing so would make America and its people weaker. It was only through the embrace of Republican virtue that the American people were stronger than the invading British. History proved him correct.

Western governments faced with the problem of terrorism have quickly cast aside their virtue and plunged headlong into a permanent state of exception. As Giorgio Agamben argues, it has become a governing paradigm, rather than a temporary anomaly as the story of Cincinnatus tells us.

Gary Sauer-Thompson calls this method of governing the national security state as this embrace of security which can jump outside the rule of law allows for externally and internally focused exceptions of law. Government exceptionalism becomes all pervading. Agamben writes;

... the state of exception is not defined as a fullness of powers as pleromatic state of law, as in the dictatorial model, but as a kenomatic state, an emptiness and standstill of the law.

James Madison was able to reject this vice when he was President of the United States and facing war against the biggest super-power of the time. He was true to his Republican principles. The fall into governing in a state of exception as has happened in Australia and other Western democracies is a perversion.

It is anti-republican and anti-democratic.

Permalink, Rule of Law and Tyranny, Mar 2006, cam

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