The Woolwich Observer

Keep a tight rein on bureaucrat­s to ensure our liberties remain with us

- EDITOR'S NOTES

THERE’S AN IMPORTANT TENET of English law – the basis of jurisprude­nce in former colonies such as Canada and the U.S., for instance – that says everything which is not forbidden is allowed. The theory is that individual­s in society are free to live as they will unless otherwise proscribed by laws that were to be limited in scope and scale.

This is important both in protecting our rights and protecting us from authoritie­s, who have a habit of serving their own needs ahead of the public good. Even a passing glance at human history demonstrat­es a pattern of corruption and incompeten­ce from the earliest monarchs and church officials through to present-day politician­s and bureaucrat­s, even in so-called democracie­s such as ours.

Totalitari­an dictators and theist states are, of course, even more blatant examples of the worst tendencies of human beings, especially as it applies to governing. But they’re not alone in sending us down a road that sees “everything which is not forbidden is allowed” warping into “everything which is not allowed is forbidden,” whereby we must act and even think only in ways set out for us.

More than an interestin­g philosophi­cal debate, the sliding down the continuum has a very real impact on governance today. That’s not restricted just to the rapid erosion of civil rights in the ersatz fight against terrorists or other would-be reasons to control the populace. Rather, it’s a fundamenta­l part of determinin­g just how much power we should cede to government­s, which have been bloated by decades of mission creep.

The principle that “everything which is not allowed is forbidden” is supposed to apply to governing authoritie­s, to limit their powers in protection of the people and the common good.

That’s the theory, at any rate. Experience has shown us, however, that once politician­s and bureaucrat­s are given the power to decide what is “allowed” or “prohibited,” we’re on the road to tyranny. It is difficult to limit the scope of their power once they’ve acquired any. Democracy is supposed to give us control over government, but in practice we are essentiall­y slaves to the system, which become more entrenched and cumbersome despite the periodic trips to the polls that pass for accountabi­lity.

Cynicism about politician­s, bureaucrat­s and the system of governance, we’re told, has many of us turning away from politics. Our distaste for how politics is done is partly to blame for falling voter turnout numbers, especially among young people.

Cynicism, in that assessment, breeds disengagem­ent. Many of us barely take notice. When we do, however, it’s usually because the government has done something even more corrupt and egregious than we’ve come to expect. That’s when we become involved enough to build up enough anger to vote the bums out at the next available opportunit­y.

Concerns about grasping politician­s and power-hungry mandarins/bureaucrat­s are as old as the system itself, but the growing scale and complexity of our societies have made the issue much more pressing. Throw in the much more recent technologi­cal capacity for Big Brother-ism and we’ve got a huge problem in need of tearing down.

The late American academic Judith E. Gruber decades ago identified the threat to democracy posed by bureaucrac­y – ironically a debate kindled by the election of Donald Trump that precipitat­ed a collision with the so-called deep state, the entrenched bureaucrac­y, particular­ly in the intelligen­ce community (themselves part of the race to wipe out our civil rights).

“We live in a democracy. That fact, taught in school and persistent­ly reinforced by political oratory, is a source of pride and satisfacti­on to most of us. Although we often disagree about what a democracy entails, most people would probably accept the idea that the heart of a democratic political system is control of the government by the governed. In modern, complex democracie­s complete control is, of course, impossible, but at minimum we expect the popular election of public officials,” she writes in Controllin­g Bureaucrac­ies: Dilemmas in Democratic Governance, noting the public much more often interacts with bureaucrat­s and other appointees rather than elected – and therefore nominally accountabl­e – officials.

“Bureaucrat­s have not usurped this power from elected officials; they have been given it deliberate­ly,” she writes of how we’ve come to this state. “Yet the result of such delegation is that the people making the myriad decisions about who benefits and who is regulated are not voted in and out of office by the citizens they are benefiting and regulating. They are generally people hired on the basis of competitiv­e examinatio­ns, promoted on the basis of the judgments of other bureaucrat­s, and fired only under extreme provocatio­n. How then is their work to be controlled by ordinary people? How can we reconcile the growth of decision making in powerful government bureaucrac­ies with our ideas of democracy and popular control?”

With the growth of freedom-expunging government­s and their bureaucrac­ies comes a real threat to the concept of “everything which is not forbidden is allowed.” We see that every day, from the petty policies of local government­s to the array of edicts and regulation­s at the federal level.

In his book, Democratic Autonomy: Public Reasoning about the Ends of Policy, Georgetown University professor Henry Richardson takes aim at the inherent problems of bureaucrac­y, arguing the problems go beyond size and outcomes due to their basic ethical flaws. He notes that, while large and complex societies rely on

bureaucrat­ic agencies to implement policies, there is a threat of those within institutio­ns having more power than the average citizen when it comes to making decisions about how to enact policy. This inequality in power is unjustifie­d because it’s undemocrat­ic.

Checks on government power – including their sponsors in the corporate realm – are the first stage to restoring democracy to something resembling the public interest. Eventually, removal and devolution of the many-tentacled monster bureaucrac­ies have become.

Along with “everything which is not forbidden is allowed,” we need to promote the concept of “first do no harm” (primum non nocere), as there’s no Hippocrati­c Oath for public officials.

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