It Is Not Wisdom But Authority That Makes A Law. T – Tymoff
Last Updated on August 21, 2023 by Andrew
When it comes to making laws, it is not simply about having wisdom: it is also about having the authority to do so. This has become a strong point of contention among legal experts and politicians, who must balance wisdom and authority. From exploring historical perspectives to examining the role of politics in law-making, this paper seeks to gain a clear understanding of the profound implications of authority-bound decision-making in the creation of laws.
The ability to create laws is a power vested in the hands of few, be it the judiciary, lawmakers, and even international institutions. But despite holding considerable power, these authorities often find themselves stuck between the proverbial rock and hard place, caught between pursuing their own objectives while still adhering to their responsibilities. From identifying how authority influences the process of law-making, it will be possible to gain clarity on the importance of accountability and adherence to the principle of authority when making laws.
The Implications of Authority on Law-Making
The law-making process can be traced back to medieval times, when kings and land-holders held absolute power in creating laws that governed their respective subjects. But despite this power, those in positions of authority had to strive for good governance and abide by rules that ensured the safety and security of their lands. In the modern-day, the same concept of power-sharing applies, albeit in a much more refined form. For instance, lawmakers now have to adhere to the rules of democracy and pass laws that are in the best interest of the people.
From a judicial perspective, the role of authority in law-making is no less central. In many countries, the judiciary is tasked with the responsibility of interpreting and enforcing the laws of the land. This requires the judiciary to be subject to stringent legal standards and held in high regard. This in turn puts their decision-making process under the microscope, making sure every decision is balanced with the necessary wisdom, backed by authority.
However, no power should be absolute or without limits. To prevent the concentration of too much power within the hands of few, legal systems have been put in place to ensure even the most powerful institutions are held to account. For instance, even the judiciary can be called upon to revise decisions if they are found to be in violation of a higher power, such as the Constitution.
The Political Influence on Law-Making
Politics can also be a major driving force in the law-making process. In democracies, politicians have the authority to draft laws that could benefit their constituencies and, in turn, their own political ambitions. This should of course, be done reasonably and within the law. Otherwise, the devastation of the law-making process can bring about disregard not only for the people’s basic rights but also the entire process of law-making.
While it is unwise to substitute authority over wisdom in law-making, politicians do need to take into account the opinions of their constituents when creating laws. This can be done through opinion polls, talking surveys, and other research activities. By taking into account the opinions of the people, politicians can gain an accurate representation of their concerns, making sure all participants of the law-making process are given the chance to exercise their rights.
The Role of Wisdom in Law-Making
As stated earlier, wisdom is an integral aspect of law-making. Those responsible for making laws must keep in mind that their decisions can have serious consequences, which should be taken into account when deliberating upon the merits of a proposed law. This is why wise decisions should be taken with the best interests of the people in mind.
And this is why, it is often said that it is not wisdom but authority that makes a law. This does not mean that wisdom is irrelevant, but that authority should be the decisive factor in making a law. Those in charge may not always have the best judgement when it comes to law-making, but their authority and responsibility give them the power to make laws that are in the best interest of the land.
Conclusion
It is clear that it is not wisdom but authority that makes a law. This power of authority is derived from a combination of the people’s consent and the respect for the highest law of the land. However, authority without wisdom is a dangerous mix that can lead to the collapse of the legal system. Which is why there should always be a balance between authority and wisdom in law-making, so that the best interests of the people can be pursued.
