According to Max Weber, the state is the “political institution that has the monopoly in the legitimate use of coercion or force within a clearly defined territory.” The state, in return for the surrender of our individual wills to it, must render to the people the public good through rules embedded in the constitution. Politics is about interests, not personal, but collective, which determine for us the vision and meaning of the public good. Individuals have personal interests, but these must be reconciled with the collective will. Government officials must hold themselves accountable to the people. This is the essence of legal and rational nature of the state, the hallmark of modern-day democracy.
No two people have identical moral preferences. But they must agree on the meaning of the public good. This is why we have to reach a consensus, a process in which we either vote, discuss, or choose as a body the good we have to share, e.g. social security, health care, etc. We have distinct wants, desires and even disagree on how much we must spend on something. To arrest any impasse, the democratic process must determine how people are to make priorities. The problem arises when one party has a more dominant voice than others and when the powerful manipulates the democratic process. The rule of the majority hides the prevalence of structural and systemic injustices inherent in pragmatic approach to statecraft.
The political process is about how good citizens must choose an ethical decision meant to promote the welfare of the public. Democracy in this respect is about just or fair procedures. Even with our diversity, we must respect each other on the basis of our diverse values and character. The task of government is the enforcement of the unequivocal respect for the dignity of each person, equally and without any preferential treatment. The law must apply to all or else, it can be said that any government loses its legitimacy. We have no moral obligation to follow laws that are unjust or against our person. This is the essence of any type of civil disobedience.
The moral propriety of state action is something that is grounded in the equality of each before the law. Any insinuation of collusion between the judiciary and the other branches of government necessarily diminishes the legitimacy of any decision. For this reason, the principle of co-equality is fundamental. Precisely, the power in common in which people come to agree on primary state interests must be guaranteed by the respect for the equal rights of each. Equality is not something nominal. It is a principle that lies at the core of our political existence. The violation of our individual liberties is an assault against our equal dignity as persons.
Due process, in this way, is non-negotiable. The power of the law is the soul that unites us as one people. The principle is enshrined in democratic institutions because of the tendency of the powerful to take advantage of the weak. The only protection that the people can expect from the basic structure is that laws and rules must be above the whim or caprice of any person. This is the danger that comes from charismatic authority. Populism substitutes the legitimacy of will-formation in the public sphere. The authority that emanates from the law is ultimately founded in the will of the people, which translates into the power of sovereignty, thereby giving every public official the legal mandate and authority.
But while any revolution appears tempting to those who have felt disadvantaged by the state, our true problem, however, is about meaningful representation. Governance is not just about how we are supposed to be ruled. Rather, it is rooted in the ability of citizens to contribute meaningfully in the analysis, discussion, and understanding of issues. The responsible citizen, in this way, is one who participates in the will-formation of the state. Political decisions may be unpopular because they are not faithful to the sentiments of the people. But good governance is not just about satisfying what the constituents of a public official wants. It is about foresight in one’s course of action.
