Political parties are vanguards of the rule of law and democracy – Daily Nation

By LETTERSMore by this Author

Autocracy denotes a state led by a supreme and absolute power.

This, supposedly referring to Jubilee Party by the editorial of May 15, is misleading and could paint the ruling party as dictatorial with no internal democracy.

It is an affront to political parties that wish to rein in errant members.

Political parties, by their registration, ascribe to a constitution and code of conduct which every paid-up member, especially those elected by either a geographical majority in a first-past-the-post process or through the party list, swore to uphold.

That forms the currency under the articles of the Constitution that define the ambits and latitudes within which members practise their right to participate in the affairs of a party.

Internal party democracy is, therefore, not a literally pursuit but a prescription of small doses of privileges donated to the membership.

It is a window to ensure upright and popular follow-through of popular ideas reduced into a party manifesto.

Most jurisdictions have adopted either of two variants of democracy direct democracy and representative democracy.

The former denotes a polity where the people influence or dictate government policy through direct participation as was successfully practised in ancient Athens. Switzerland is among modern democracies that practise it, in some of its cantons.

Though a federal state, the hybrid system allows voters to determine minor issues of policy such as renovation of their local school or the more significant national issues like foreign policy.

Every citizen receives a ballot and a brochure and may post their vote by mail in a system generally known as popular initiative.

In the latter, the electorate is represented by an elected class with tenure of office. As practised in the United States, checks the danger of tyranny of the majority resulting from direct democracy.

It is only fair that the excesses of direct democracy within political parties or other institutions be directed and borne by internal structures, such as the National Executive Committee.

The framers of the Constitution chose a hybrid system that incorporates aspects of both direct and representative democracies for a people-driven, popular governance structure for example, the use of the referendum (popular initiative) to amend the Constitution.

Legislative amendments may also be carried out through referral by Parliament to the people.

Finally, the recall clause is available to facilitate constitutionally sanctioned direct democracy, where constituents petition to withdraw an individual or a representative from office.

Political parties are creatures of law and regulated by it. In enforcing party rules, due process and fair administrative procedures take precedence.

Frank Mwendani, deputy head of legal affairs - Jubilee Party - and Tony Moturi, head of legal affairs, ODM Party

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Political parties are vanguards of the rule of law and democracy - Daily Nation

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