No two people have identical moral preferences. But they must agree on the meaning of the public good. Moral clarity is critical in the survival of just institutions. Moral clarity simply means a wrong is a wrong and it must not be tolerated. This is why we have to reach a consensus on the right thing to do based on firm values in which social cooperation and the existence of the government is founded. We have to hold public officials accountable for any misdeed. A moral wrong cannot be covered up by our emotions. The problem arises when one party has a more dominant voice than others. In this regard, society must determine the principles and values that are to govern the way people live their lives.
The state, according to Max Weber, is the “political institution that has the monopoly in the legitimate use of coercion or force within a clearly defined territory.” The state, in exchange for the surrender of our individual wills to it, must render to the people the public good. Politics is about interests, not personal, but collective, which determine for us the 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 because the constitutional proclaims, as a matter of principle, that “public service is a public trust.”
The political process is about how we must choose a course of action to promote the public good or defend ourselves against those who abuse their position. Democracy in this respect is about just or fair procedures. Even with our diversity, we must respect each other on the basis of laws, rules and policies. The task of government is the enforcement of the same, equally and without any preferential treatment. The law must apply to all or else, it can be said that any government loses its legitimacy for being unjust. We have no moral obligation, for instance, 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. The authority that emanates from the law is ultimately founded in the will of the people, which translates into the power of sovereignty. Such will, however, must be enshrined in institutional processes and decision making so that it serves not individual or personal interests.
While any revolution appears tempting to those who have felt disadvantaged by the state, our problem, however, is about meaningful representation. Governance is not just about how we are supposed to be ruled. Governance has to be ethical. The public good must be rooted in the ability of citizens to understand and contribute meaningfully in the analysis, discussion, and understanding of issues. The good citizen, in this way, is one who participates in the will-formation of the state. To be a good citizen, one must be responsible in the choices that one makes. Political decisions are unpopular because they are not the true expression of the will of the people. In most cases, the reason for it is that people have never been part of meaningful governance.
