Rule of Law and Fundamental Rights
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There is rise in terrorism across the world, especially the Islamic State, which have taken over large tracts of territory in Syria and Iraq. This has led to the refugee crisis – millions of people seeking refuge in European countries including Germany, the venue of the seminar. The future of the Eurozone is in jeopardy. The European Union is grappling with one crisis after another. As a reactionary force, there appears to be a rise in right-wing forces in Europe, in countries such as Poland and Hungary, and elsewhere too; the fear being that long-cherished Democratic rights of the people could be a casualty. There are various other developments all across the world which are threatening the very survival of the little man, the little voter, the little citizen – with a free voice.
And against this tumultuous backdrop, a group of young lawyers, politicians and activists from 23 countries descended at Gummersbach for the IAF Seminar on Rule of Law and Fundamental Rights: the Liberal Approach. It was like getting a bird’s eye view of world affairs and then testing the times against the concepts of Rule of Law and Fundamental Rights.
We tend to become too practical and concentrate on actions without pausing to think about and clarify our understanding of concepts which ought to be the driving force behind our actions. What our very skilful moderators and the group discussions did was to clarify my own concept of what Rule of Law means. We learnt the various concepts of Rule of Law, from the thinnest (Rule by Law) to the thickest (Social Democratic Rule of Law or the fattest, as our liberal moderator preferred to call it), Rule by Law having hardly any safeguards and Social Democratic Rule of Law being a point where the State itself assumes the role of the Father, mother, guardian and regulator. The liberal approach is to prefer a liberal Rule of Law where the State is neither too intrusive, nor too withered away. The citizens are allowed to breathe and grow – the State only creating the fertile ground. I seemed to agree to the approach to a great extent.