Our dictators and our democracies

In any democratic society, as we understand them in our part of the world, to rule by decree or by Presidential Orders can only be accepted in exceptional circumstances. Besides that, it becomes a worrisome practice, that might easily lead to abuse of power and end up as an autocratic way of governing.

The separation of powers is still the best approach to democracy. But we should not forget that it requires an independent, impartial judiciary as well as a legislative chamber that is more than a rubber-stamping body.

Unfortunately, we are seeing the opposite in some of the most powerful Western countries. We stare at Presidents that ignore the institutions and the representative system and govern as if to be in charge means to be campaigning all the time. And we know of Parliaments that act only along partisan lines, with no will to be more than an excellent job opportunity that must be kept by being faithful to the party bosses. Not to mention the judges that are either relics of the past or just too concerned with the public opinion.

There is indeed a crisis of democracy in our countries. And I am not going beyond our corner of the world. In other corners, the situation can be even more dramatic.

Assange and the legality of some cover operations

Julian Assange’s predicament leaves no one indifferent, in our part of the world. He has scores of supporters. Also, plenty of detractors. His personality, not just his deeds, is deeply controversial. I will not enter that discussion.

However, I recognise that, thanks to his initiative, it has been possible to demonstrate that a good number of actions taken by powerful Western governments, under the cover of national security and defence, surpassed the limits of what can be considered legitimate. Basic rights and values have been shaken by such actions.

And that brings back a fundamental question that remains unresolved in our democracies. The systems in place do not ensure a proper democratic, ethical and legal control of some undercover operations carried out by special military forces, or by specific police and intelligence services within the security apparatus. It has become obvious that our parliaments are not prepared to exercise such oversight. They intrinsically lack the competence and the political strength to carry out that role. And the justice machinery is basically in the same position of weakness.

I think it is time to envisage the creation of a constitutional body that would bring together a small number of elders, a group of sages who have reached the end of their professional ambitions and careers, and have behind them an immaculate life history, a public image of great credibility. This would be a top-level group mandated to oversee and assess complex legal and ethics practices as carried out by special government agencies. Such independent panel would report to an appropriate parliamentary committee.

This move would certainly respond to some key interrogations that we ought to deal with, based on what Assange and Wikileaks have revealed.