The ideal republic

NGO Repubblika published a draft five-year programme for democratic renewal called A Working Republic, last December.

The document reintroduced some of the most fundamental questions about justice and society into Maltese political discourse. As ill-informed and histrionic as many of today’s arguments are, the matters discussed are of great importance. And while at first it may not seem to have much relevance, Plato’s Republic continues to have great contemporary relevance.

We live at a time when there is a general distrust of people towards their government, perhaps because the government, which should safeguard the common good, instead reveals its ugly side. This perception has led to a cynical attitude towards the government and a scepticism concerning the sincerity of those in public office.

The rampant abuse of state resources and public funds and the plethora of major political scandals were a clear example of the betrayal of the people’s trust.

To help us choose better leaders, we should draw upon the philosophical principles in Plato’s dialogues, primarily The Republic. The Republic stimulates us to reflect on the state and to make an appropriate reaction to it, so it can guide our deliberations and subsequent actions, too. In particular, its principles could assist us in our choice of leaders and governments, which might in turn help us overcome our distrust and cynicism towards them.

Our governments are normally and periodically democratically elected, and ordinary citizens are allowed political participation in a concrete way through the ballot box. If those in power are more conscientiously selected by citizens, however, then there will be a reduction of distrust and cynicism towards them. The question is, what amounts to a conscientious choice?

Voters may not make decisions after exhaustively processing relevant information; instead, our decision-making capacity may be restricted by our own biases and the environment. A well-functioning democracy and republic rests largely upon the rational choices of individual voters. However, the choices individuals make at the ballot box are influenced by a myriad of factors. The electorate in a democratic society has to be rational when voting in a general election.

A strong rule-of-law culture is key to our democracy and is central in the fight against corruption, safeguarding academic and media freedom, and promoting human rights.

What is important in a republic is the assurance of rights to its citizens. The single objective of the rule of law is to enforce equal rights and equal justice. The rule of law ensures human rights by separating the legislative, executive and judicial powers to curtail the concentration of power and check the culture of impunity.

What is fundamental to the rule of law is that the state is accountable to a single legal system. John Locke wrote that freedom in society means being subject to the same law made by legislation that applies to everyone, including the lawmakers and leaders.

The operating principle of the rule of law is the sovereignty of the people, in that the ruler is the custodian of power, not the creator of power. It is the rule of law, not the ruler, that matters. While the government governs, in reality, we are governed by the rule of law. The rule of law defines what is permissible, what is punishable and what is enforceable.

What is important in the separation of powers is the concept of the independence of each branch of the state. When there is no separation of powers, human rights can be called into question, and the government can act with impunity.

Rights can be understood as liberties or as laws. Rights as liberties are de facto rights that can be held without obligations or sanctions, but rights as laws are imperatives backed with sanctions.

That is why no government can weaponise laws to terminate constitutionally recognised rights. In a republic, anyone who respects the rule of law can be elected as the ruler, and everyone lives as free as the ruler.