초록 일부
Fundamental human rights consist of the right to life, freedom, equality, etc. The role of the government is to secure these fundamental rights for its citizens. Bodin and Hobbes thought that a mona...
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Fundamental human rights consist of the right to life, freedom, equality, etc. The role of the government is to secure these fundamental rights for its citizens. Bodin and Hobbes thought that a monarch should have sovereignty to effectively secure human rights. But Locke and Rousseau thought that a government exists by an individual agreement and social contract. The social contract was fundamental to the spirit of the French Revolution and of real popular sovereignty. But the French Revolution was led by the minor bourgeoisie, not the majority of people. Therefore, to the benefit of the minor bourgeoisie, popular sovereignty was misconstrued by the belief that the nation(the people) was a fictional, abstract being in the 1791 constitution. By this definition, representatives were not accountable to the will of the majority. This is the main factor to explain why the basic structure of a government is not managed by the real popular will(good of the people). In present day democracy, the nation requires that the people manage a fixed territory by sovereignty. To attain substantial democracy, the people should have the highest power within the government and the people should organize and manage the national system for popular benefit. Therefore, to secure real popular sovereignty, proper understanding of the general will of the people is essential. One of the people is one of the sovereigns. The people are not imaginary, fictional, beings. The people have the right to use the highest power of the government. Also, securing individual fundamental rights is the purpose of the government. In the present real politics that representatives manage, this understanding of popular sovereignty is an easy way to ensure the good of the people. In the principle of real popular sovereignty, selection of a representative system does not only allow the government to control a large territory and many people, but also to secure the good of the people. Therefore, in the case of making a representative system, we should make and manage a system to implement the will of people. People''s initiatives and recall should be introduced, referendums should be made frequently if they are necessary. Government agencies must be functional beyond the separation of powers and the salary of representatives should be paid according to the nation''s average income. In addition, political parties must be government agencies in the constitution. Democracy within the parties should be ensured. To reflect the will of the people accurately, allocation of the representative''s seats based on approval rating is necessary. In case of inconsistency between the good of the people and the popular will(like in the case of the Nazis who misguided the popular will with propaganda and agitation), for the good of the people, we should guarantee the inviolability of fundamental human rights and the decision making power of the representatives. Since modern times, there has been continuous progress in fundamental human rights through practicing substantial democracy by increasing suffrage and constitutional referendum. But the people would be slaves if the people were not sovereigns. Therefore, the people and particularly representatives should recognize and act according to the concept that the people are the real sovereigns.
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