Which Form of Government Is Best at Providing Universal Human Rights and Indiscriminate Rule of Law?

Which form of government is best at providing universal human rights and indiscriminate rule of law?

Introduction:

•   In this essay I will effectively demonstrate why liberal democracy is the best form of government in providing universal human rights and indiscriminate rule of law through the use of a written constitution and Bill of Rights in the US, fixed term parliament, MP recall act in the UK and the separation of powers in the US.
• Arguably, liberal democracy is not the best form of government shown through disadvantages of written constitution, torturing of detainees in the US and discrimination in judicial systems in US.

• Liberal democracy includes protection of citizens’ rights and no discrimination.  
• Human rights are universal and inalienable.  
• Indiscriminate rule of law is when all individuals and institutions are held accountable and subject to the law, citizens are equal under the law.

• 1. Liberal democracy provides universal human rights and indiscriminate rule of law through establishment of written constitution in 1787 and Bill of Rights in 1791.

• Bill of Rights protects rights of all citizens through limitations of the federal government.  

• Bill of Rights prohibits congress from making any law that undermines the religion of others.
• Bill of Rights protects freedom of speech, freedom of assembly.
• Also, bans the federal government from threatening life, liberty and property without the process of law.

• Human rights protected as constitution is codified.

• However, codified constitution is difficult to amend.

• Amendment right to keep and bear arms in US have caused increase in gun and death crime rates.

• Right to life undermined.

• Judicial tyranny.

• 2. Liberal democracy in UK has fixed term parliament.

• Government power limited as PM does not call elections every five years.

• Recall of MP act 2015, allows constitutions to get rid of MP’s who have gone against the law hence, maintains order.

• However, liberal democracy in US does not provide human rights or indiscriminate rule of law since the US have violated the prohibition against torture hence, have indiscriminately abused the rights of other humans.

• CIA tortures its detainees.

• Example; Abu Ghraib abuse scandal.

• Iraq war, US Army and CIA committed human rights violations against detainees in the Abu Ghraib prison, including torture, sexual abuse, rape and murder.

• Death of prisoner Manadel al-Jamadi. Died after CIA officer tortured and interrogated him.

• Administration of George Bush said it was “isolated incidents” however, not the case, constant tortures in other American oversea detention centers like Iraq and Afghanistan.

• 3. US liberal democracy has strict separation of powers between legislature, executive and judiciary.
• No dictatorship and no one is above law.
• However, US justice system can be discriminatory against marginalized groups.
• Black men six times more likely to be incarcerated than white men.

• To conclude, liberal democracy is the best form of government in providing human rights and indiscriminate rule of law as shown in the US through a written constitution where the rights of citizens are clearly defined and protected. Also, the fixed term parliament act limits the power of government since elections are not called for. Moreover, through the separation of powers in the presidential system of US, no system can hold power over another hence, no one is above law.