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The Importance of Separation of Powers
It is critical to the survival of Libercratic government that there be a total separation of
powers between different areas of government and the operation of the economy and social
life. Primarily that means that there should be a hands off policy that allows the private
sector to operate on its own and regulate itself; this is the best kind of separation of
powers.
Because there is a need for some larger regulation of the economy and the
community, while these must be allowed to operate privately, there arises the civil
government, which is a privately created superstructure of community, economy and civic
activities under the consensual government which operates only over spaces that have been
organized under its jurisdiction. These civil governments have, through their civilzens,
sovereignty that is independent of a supreme government. Supreme governments are criminal
law governments that protect human rights, their operations should be kept strictly to a
minimum, they must only do that which is necessary for protecting people's rights. They
have no business regulating private activities, interfering in the economy, operating an
education system for providing any other services that are left to civil authorities or
the private sector.
The supreme governments themselves, such as Librademia, have a strict separation of powers
themselves, in Librademian; the civilzens enact laws through direct vote, there is no
representative legislative body, the security services, police and defense, are not
operated by legislatures, political executives or court officials and not even the
civilzens who make the laws, they are hired by the civilzens to be neutral referees who
protect people's rights and enforce the laws as they are made. Between different
supreme and civil governments in treaty organization's and other contractual governmental
authorities, it is most important that the security services remain strictly separate and
neutral from the legislative system and the courts. The police and defense should be
neutral privately provided services for the public who play no part in the making or
judging the laws, they simply enforce the laws that others make and protect the rights of
the people as they are defined to them.
The courts must remain strictly neutral from both the legislative authorities
and the police, the courts must contain neutral judges and juries who simply take the laws
that are placed before them and interpret them as they were written by the people who have
created the laws within their own contractual systems. In a trial the defendant and the
accuser should meet in a neutral court before a judge and
jury who are neutral and detached from both parties, the court officials must not have a
reason to personally benefit from a judgment which may go either way. Particularly the
court must not be in league with the prosecutor and police along with politicians who make
laws to impose edicts and opinions on people who are hauled into court and where the whole
system is designed to force compliance and obedience on subjects such as in the
political-state.
The Libercratic system is one of separation between all of these powers which
act as neutral officials who interpret and regulate consensual contracts as they are
written and entered into by the players who accept the terms and neutrality of these
various officials. Within a consensual government, civilzens may have already given their
consent to accept fellow civilzens as police, judges and juries, but even within this
internal system, judges and juries should be as neutral as possible and detached from
those involved in the case. Juries should not represent a cross section of the local
community with all of its competing personal special interests and prejudices. Juries
should come from other areas to judge trials over people whom they don't know and
involving issues in communities where they don't live and have no real interest in the
outcome either way.
It is particularly important that the defense services be completely separate
from the legislative, executive and judicial systems, though they are of course subject to
the legislative and judicial systems completely. Defense forces which are operated by
politicians or by the courts will inevitably become nothing but thugs hired by rulers to
enslave their subjects and to fight wars for political and economic power by the rulers.
Defense forces which have no special interests in supporting any political cause or side
but which have an interest in being fair, neutral and in doing their duty to protect human
life, individual rights and to maintain the peace will provide the best security. These
defense services are privately operated,
publicly provided services which when called upon will respond to keep the peace and
fight war itself which is a compilation of political crimes committed against humanity for
political gain. Defense services whose duty it is to secure peace as quickly as possible,
to prevent and stop wars and to protect individual human rights will not have any reason
to gain by the outcome of a war fought between competing political interests. With contract
insurance as the best protection against defense forces becoming rouges the people
will have the greater security of knowing that other neutral
authorities, namely the trustees, have the power to completely shut down and destroy
any defense force who begins to get out of line and threaten people's rights.
The reason why that Librademia is
strictly limited to the protection of individual rights and the adjudication of criminal
and basic litigation disputes is to bind Librademian authorities to restricted
jurisdictions and prevent the government from growing beyond its intended purpose.
The purpose of Poliverium
is to provide the basic organization and regulation of contractually organized civic
communities, the economy, the providing of public utilities, education and other public
services while keeping most of that regulation within a public civic sector and leaving
the rest to the private sector.
That's where Valenturium
picks up with people organizing themselves into structured societies and cultural
activities to pursue greater enrichment and refinement of their life together which must
be chosen because it is based upon consensual associations and common values and goals.
Over and in between these various governments and social systems is FSUTO, a treaty organization that reconciles
differences between different supreme and civil governments in the interpretation and
application of their different laws and court systems. FSUTO not only reconciles
differences between organized public governments but also with sovereign individuals who
govern themselves independently, so that FSUTO is a universal treaty organization for all
people everywhere who are free to govern themselves or choose to form or enter into any
type of civilization which is operated and defined according to their own choices. It's
the differences between these civilizations as they interact that must be resolved so as
to understand and respect all members and settle any disputes that arise between them so
that they may continue to enjoy their freedom and sovereignty.
Without a coercive monopoly competition provides
protection through choice with genuine checks and balances, an individual who is excluded
from or oppressed by one legal system may appeal to another. What's important is that
legal systems must contract with their clients, this truly makes the government, police
and courts one chooses one's servants and if any of them fail to live up to their claims,
you may simply choose another service. If they step outside of their legal constraints,
you may sue them for violating their contract, this will not only punish them and hold
them accountable, it may destroy them because it will cause their insurance liability
premiums to skyrocket and it will drive away customers. Deprived of the power to
coercively impose their services upon consumers through tax extortion, legal systems will
have to depend on raising the revenue in the free market. Because its their business to
know their customers and provide the services their customers want, it makes them much
more responsive to their needs than the political mob who imposes a protection racket at
the point of a gun.
by Libercratus
Quotes
"The fact that individuals and firms respond to the
incentives provided by competition is acknowledged to be true in every other area of human
endeavor. Human nature does not suddenly change when one gets a job providing law
enforcement and judicial services." "The more vital a good or service is, the
more dangerous it is to let it be produced by a coercive monopoly." (Pursuing
Justice in a Free Society: Part II, The Liberty Approach, by Randy E. Barnett)
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