Editor in Chief: Moh. Reza Huwaida Monday, April 29th, 2024

Eternal Vigilance is the Price for Liberty

Liberty has a significant role in the development of individual's personality and the betterment of a society. However, to achieve liberty a government and the people of a state have to strive for it. A number of safeguards have been suggested by political scholars, which can be really helpful in achieving liberty in its true spirit.

For genuine enjoyment of liberty all people should be treated equally and there should not by any special privileges for any section of the society. All people should have equal access to power and it should not be the prerogative of the privileged few. There cannot be any liberty where the rights of some depend upon the pleasures of others. As Laski has put it, "Those who desire the good of all being by the abolition of special privileges (can guarantee liberty)… Special privilege is incompatible with freedom because the later quality belongs to all alike in the character of human beings."

Genuine liberty can be possible only under a democratic system of government because the government's actions are constantly watched by the people and it has to seek fresh mandate from the electorate at frequent intervals. Accordingly, the government enacts only those laws which are in accordance with the wishes and interests of the people. This obviously implies that the government shall not be able to make any encroachment on the liberty of the people and thereby permit them free enjoyment of the same.

For the true exercise of liberty, it is essential that the rights of the people should be incorporated in the constitution in clear and unambiguous terms. The incorporation of the rights of the people in the constitution accords them great sanctity. It not only prevents the government from encroaching on these liberties but also provides necessary legal safeguards to the people to take necessary remedial measures in case of violation of their liberty.

Liberty of the people can be possible only under rule of law. The rule of law not only ensures equality of all the citizens before law by providing identical code of rule but also ensures that the government is carried on in accordance with law rather than whims of the rulers. No person can be deprived of his liberty without proper legal procedure. Further the concerned person is given the right to approach the courts for the protection and enforcement of his rights.

Scholars like Montesquieu have attached great importance of the principle of separation of powers as a safeguard of liberty. They plead that the three powers of the government – the legislative, executive and judiciary, should not be vested in some person or group of persons. The combination of any two or all the three of these powers in the same person or body of persons can lead to the misuse of the powers and result in the loss of individual liberty. Therefore, in the interest of the individual liberty, it is desirable that there should be separation of powers.

The presence of an independent judiciary is another important safeguard of individual's liberty. The judges can protect the liberty and rights of the people against encroachment by the government only if necessary provision to ensure their independence from government exists. Furthermore, it is very vital that the judges should be honest and fearless so that they can decide the cases on merit without any fear of losing favor with the government. In short, the liberty of the people can be safe if they have assured of speedy and impartial justice.

Finally the liberty of the people depends on their vigilance. It has been rightly said, "Eternal vigilance is the price for liberty". The liberty of the people can be safe only if they are conscious of their rights and are willing to jealously guard the same against all possible encroachments by the government. According to Laski, "Liberty is never real unless the government is called to account when it invades the rights of the people."