The Legitimacy of the Governed

The legitimacy in the modern state is clearly and firmly grounded in a concept of popular sovereignty. Sovereignty is most popular rather than democracy itself.  Democratic or undemocratic government, both of them claim legitimacy from the will of the people. This is the example of what the political will from the people in the revolutionary in France in 1797 have tree principal value there are: liberte, equalite, and fraternite. More similar value with the leaders of the Haitian revolution got the message of liberty and equality to the end of slavery and declared the independence from the colonial rule.

The universal dimension is represented. First, by the idea of the people as the original locus of sovereignty in the modern state, and second, by the idea of all humans as bearers of right. Freedom and equality is the basic rights in modern state. According to Etienne Balibar has describe of property and community. Property sought to resolve the contradiction between freedom and equality at the level of the individual in relation to other individuals. Community was where to contradiction were the contradictions were sought to be resolved at the level of whole fraternity.

In other opinion of the legacy of group rights established at the nation’s founding is documented in its historical context by examining the social and legal doctrines that developed through-out the 20th century. This legacy is the primary obstacle to full recognition of the rights of individuals today. Significant developments in constitutional doctrine can be traced to meaningful attempts to transform what should have rightfully begun as a contractual or employment relationship, rather than a property right at the nation’s founding, into a contractual or labor relation among equals. This  table got the information the lack of theory and practice:

Theory Practice
Bureaucracy Impersonal official procedure trum personal obligation Personal and informal personal obligations trump official procedures
Bureaucrats Implement laws and regulations Use laws and regulations as rent-seeking device
Law and policies Implemented and predictable Negotiated and unpredictable
Access to services Base on individual right Shaped by connections to social and political networks
accountability programmatic Clientelistic

According to the data in the table and description property and freedom. To reduce of the lack theory and practice, have several reasons either culture and administration. The firs is about culture, this is not the only about contradiction argument both of republican and libertarian but also is about how strong every government employment have strong integrity to conduct the constitution to protect the people right, which is work, education, and health. The second is about administration, how to minimize the pragmatic behavior by the steps of procedure to given the domino effects both of people and government.

Undemocratic government is really need how to implementation good governance. Meanwhile that concept of government including to definition and practice the clean government and good government. Clean government is limited number of corruption and transparency in the state employed, and good government is policy from government is accountable for the people.

 

References:

Ward Berenschot. 2017. Current issues on the citizenship in Indonesia. Modul.

Partha Schartterjee. The politics of the governed. New York. Columbia University Press.

Robin D. Barnes. 2008. The Nature and Scope of Individual Rights. Carolina Academic Press