Liberty is the most precious thing for an individual and effective steps are needed for its safeguards. From time immemorial there is tussle between the authority of the state and the liberties of the people. An individual enjoys more liberties if the authority of the state is curtailed. Byron says “Eternal vigilance is the price of liberty”. Liberty cannot exist in a dictatorial state. Prof. Laski points out certain steps for safeguarding liberty. Firstly “Freedom will not be achieved for the mass of men pave under special guarantees” and it cannot “exist in the presence of privilege”. Secondly, “special privilege is incompatible with freedom”. Thirdly, “liberty cannot be realised in a state in which the rights of some depend upon the pleasures of others”. Fourthly, “state action is necessary for safeguarding liberty”.
The following are some of the safeguards of liberty.
(1) Urge for liberty & vigilance :
The people in a state must have the urge for liberty and must be very vigilant to retain it.
ADVERTISEMENTS:
(2) Democratic form of Government :
Democracy is a form of government where everybody has a share in administration. Only democrat.; governments can provide congenial atmosphere for the development : human personality. It is conducive for the full enjoyment of liberty.
(3) Separation of Powers :
Lord Acton opines that “Power corrupts an; absolute power corrupts absolutely.” Power has a inner trend for misuse and power should act as a check to power. The three branches of government: Executive, legislature and judiciary are to be separated although to Dr. Garner “absolute separation is neither possible nor desirable”.
ADVERTISEMENTS:
(4) List of fundamental Rights :
There must be a clear and unambiguous list of fundamental rights in the Constitution. The people must be conversant with their rights and the government must be aware of the limitation of powers. These rights are justiciable and any act that contravenes the provisions of the Constitution can be declared ultra vires.
(5) Independent Judiciary :
There must be an independent and impartial judiciary for the protection and preservation and individual liberty. The judiciary must be independent of executive and legislative control.
ADVERTISEMENTS:
(6) Rule of Law :
The concept of Rule of law means all persons are equal before law. Law makes no distinction between the rich and poor, the high and low.
(7) Public opinion and free press :
Healthy public opinion and free press can do a lot to protect liberty. Free press can mobilise public opinion and will make people conscious and vigilant.
ADVERTISEMENTS:
(8) Responsible Government :
A government formed by the representatives of the people is bound to be responsible. Any mistake on the part of the government will sound its death knell and the opposition party will capitalise on it. A bi-party system with a strong opposition will ensure necessary safeguard for liberty.