Republicanism, Liberalism, and the Law (original) (raw)

1998, The Sacred Fire of Liberty

REPUBLICANISM, LIBERALISM, AND THE LAW a mixed and balanced government comprising (5) a deliberative senate, (6) an elected executive, and (7) a popular assembly or representative lower house in the legislature. 6 This system secures "liberty," a word that entered Western political vocabulary to describe the status of citizens protected by republican institutions. 7 Republican liberty signifies government in pursut of the common good, where no citizen is subjected to the unfettered will of another! The central meaning of republican government since Cicero has been legislation for the "respublica" or common good of the people.' Popular sovereignty follows because the people or 'populus" itself constitutes the fairest judge of public welfareunfettered magistrates and factions will pursue their own interests instead.'° The rule of law constrains the people and magistrates from favoring private interests in specific litigation." The elected "senate" or upper chamber in the legislature, serving for long terms, moderates the swings of popular emotions.' 2 The public assembly controls the usurpations of the senate, and vice versa." 3 So the mixed republican structure of government balances magistrates against the senate and people (or their representatives) to preserve the liberty of the whole. 14 If any single faction, including the majority of the people, should seize power, liberty would be lost, the common good forgotten, and the republic gone, until balance is restored."

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