LAWS CUSTOMISATION

 INTRODUCTION OF THE PRINCIPLE OF CUSTOMISATION OF LAWS

 

SLOGAN: “STOP THE TYRANNY OF MAJORITY OVER MINORITY “

 

PROBLEMS

 

  1. Tyranny of the majority (or tyranny of the masses) refers to an inherent weakness of direct democracy and majority rule in which the majority of an electorate can and does place its own interests above, and at the expense of, those in the minority.
  2. Potentially, through tyranny of the majority, a disliked or unfavored political group may be deliberately targeted for oppression by the majority element acting through the democratic process.
  3. Our society is based on the principles of Social Contract. The term takes its name from The Social Contract (Du contract social ou Principes du droit politique), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Social contract arguments typically state that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the decision of a majority), in exchange for protection of their remaining rights.
  4. In current situation most of the individuals are not satisfied with most of the existing rules and regulations but have no practical ways to change them. Nothing to say of the minorities that can not exisize their rights because of the laws set by the majority.
  5. Modern Anglo-American law, like European civil law, is based on a will theory of contract, according to which all terms of a contract are binding on the parties because they chose those terms for themselves. As a result, social contract that demands to abide by laws that individuals did not agree to, is not voluntary and therefore cannot be considered a legitimate contract at all.

 

SOLUTIONS

 

  1. Modern technology allow to create flexible regulations that will allow certain degree of customization in different areas.
  2. There should exist an option to customize regulations based on agreement between the government and the individual.
  3. Usually, when such practice is brought in place (sponsorship agreement in Immigration) there is no place for negotiation. The individual has the right either to accept terms or not to receive the right he is asking for.

 

 

FURTHER RESEARCH

 

  1. Review of similar suggestions in other countries
  2. Development of the legislation
  3. Calculation of the costs
  4. Conduct discussions with government officials on feasibility of this proposal
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