My paper on judicial democracy and the rule of law is a thought manifested from the unfair maintaining of the law in some places of USA in response to police brutality and a system that allows brutality to happen.
A Judicial system that commits a grievous injury against a person, people or private property in it’s jurisdiction should forfeit its jurisdiction over the matter. A governance with in it’s leisure of government encompassing a civil or legal matter; where a member of government in employment, official and unofficial or in its judicial function; a employee or employees, officer or officers are under investigation for conduct that is unethical or could be considered a crime, causing real injury or criminal offence to a person, people, property or against the governance they are employed. That government should forfeit jurisdiction to a parallel or higher authority allowing for neutral arbitration or supreme judgment. No one is above the law even those that enforce and maintain it. For they will be held accountable by the people.
A government should relinquish jurisdiction; for in the course of action it holds blame and injury against the people or person as the officer or employee is an entity of the government, acting on it’s behalf in righteous benevolence or grieving malevolence. A government whose authority gives employees license to conduct official business on behalf of the state; employed by vote, oath, pledged, deputization or delegated responsibility to commence law or judge one’s conduct by the legislated code, to forcibly kill on behalf of the governance to maintain social order without fear of repercussion or consequence.
As a function of democracy it is incapable of holding a fair accountability of itself when the social standard of conduct for the entire entity is on trial and not just the individual. A prosecutor would not be allowed to prosecute one’s self. A judge not allowed to judge one’s self. Then a system as an entity would also be flawed if a judge or prosecutor was allowed to bring forth a person in employment of the government as part of the same entity.
This unfairness and partiality exist as rarely does a person cut off their own appendage regardless of flaw or blemish and only when the loss of life threatens the whole of the body, is it wise to remove it. Creating an unkind and bias form of justice for all those involved.
Only by the people can a limited authority be gained; as no power in a person’s hand can be absolute and final in the judicial function of a free and fair administering of the law, to a free and democratic people. A people who by the democratic process possess the power of government in each single vote. That authority of governance being equal regardless of societal degree rank or position each person’s vote equal to the next. The vote holding greater authority then the law legislated to them by a recognized fairly and democratically elected government. A government who in secret or by a blinding of witness and by legislation of judiciary means, revoke voting rights excluding the people from the process of government. In that leadership depriving the mass of democracy by removing them from the process to legislate law.
A governance whose identity reflects all people in the democratic voting process allowed to bring violators of a law to the justice of the peace, judge or jury that may examine them with in the limits and scope of the society’s understanding of morality.
A elected government or those in position of power are not comprising of perfect character as to be a human is to be dignified and reasonable in imperfection not ashamed of humility and in great an noble character capable of relinquishing power of jurisdiction and authority to exemplify the humanity that they with great care are entrusted to over watch. For if a person or people assembled to govern a free people, fails to allow itself to be examined it is no longer administering law to a free Democratic people.
That judicial body in it’s own vanity full of hubris has cast out democracy and has placed it’s own virtues of governance before the people creating a tyranny. Without the virtues of democracy it is no longer part and parcel comprised of the values and morals of the people.
If in its governance, it is incapable of relinquishing power to examine the aspects of its function to others equally accredited or appointed by the people of the state or union than that justice system is unregulated. It would be wise to dismantle such a system that infringes upon a people’s dignity by denying them the rights guaranteed in the Constitution of the United States of America. It was compelled by a revolution to expel a tyrant and dictator from the Americas.
If a police officer or employee of the state is considered an extension of the state and that state has begun to dismantle democracy to impose a tyrannical government on a people, then through law it would compel itself into greater authority as if it’s authority was a never ceasing principle of universe.
A governance failing to recognize the whole are part of the Constitution of the United States of America, neglects the people’s rights under the United States Bill of Rights causing injury to Liberty. That tyranny would justify its dismantling of democracy or exclusion of people from that democracy by the passage of laws that were never voted on or recognized as legitimate by a democratic people.
If a police officer or employee of state deprives a person of life, liberty or property and is allowed clemency without the people or person who the state deprived of its constitutional rights a fair precedent in the judicial process. Instead the governance decides not to allow for justice to be concluded by an independent Judicial authority. That by biased gathering of evidence, biased examination of facts; a prosecutor’s determination was formed on bias evidence and fact; leading the prosecutor to an interpretation by the power of authority, not by the law. Leaving the people without the insurances a fair Judicial Democracy exists for all people in the boundary’s of the jurisdiction but with a biased judgement on a prosecutor’s authority. Then that judicial system should be dismantled, reorganized and created a new eliminating the tyranny.
For the allowance of it to continue by a rational government elected by the people would show the inability of a freely elected government to control those placed in authority to over watch a democratic people. A people who gave authority to the government. Greatly offending those that endless petition the government peacefully, insult grievously those that serve in the military and forgetting those who died fighting in conflict to defend a constitutional democracy. That government in tyranny offending Liberty causing injury to all.
When a governance has a officer or employee commit a crime against a person in that jurisdiction the whole governance is now standing trial and should remove itself from the judicial processes to help establish a people’s understanding of justice keeping with the lusion of a Democratic judicial system. A government fails to uphold democracy when it allows itself to justify it’s own negligence. Tyranny that by arbitrary law arrest Liberty disabling the construct of The Constitution of the United States and in malicious action instills fear in a population, that tyranny should be dismantled by the people.