members of governing bodies are often honored, many people today have a poor opinion of politicians as a classPoliticians can also be criticized for becoming "career politicians." A politician who makes politics the source of their income, yet has to face re-election every few years can be less likely to make bold decisions or side with an unpopular bill. Some feel that fear of "rocking the boat" leads to a stagnant political climate, in which it becomes hard to address injustices and create change. Various measures have been taken in attempt to mitigate this effect, such as the implementation of term limits and paying them less.
Professor Paul Finn has argued that “the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and officials."[citation needed]Many suggest the basic problem of stopping Human Rights violations and political negligence stems from the lack of understanding by media and politicians on the laws of fiduciary control. In equity fiduciary control suggests obligations that not only include duties of good faith and loyalty, but also include duties of skill and competence in managing the people's interests. After all, Government is a trust structure created by people to manage certain services within society with the politicians depended on by the people to do that task. Therefore the relationship between government and it's politicians and the governed is clearly a fiduciary on
Rules such as Sovereign Immunity and Crown and Judicial Immunity are now being targeted as the very tools of oppression that are preventing victims from taking action against the people controlling the country who are causing the failure of care. Originating from within the Courts of Equity, the fiduciary concept was partly designed to prevent those holding positions of power from abusing their authority.[citation neede]
This way of thinking suggests anyone accepting any political or government control over the interests of people should be judged by the most exacting fiduciary standards given politicians are the most important fiduciaries in any society given they hold coercive power over the people. The fiduciary relationship arises from the government and its politicians ability to control people with the exercise of that power. In effect the argument is, if politicians have the power to abolish or ignore any rights they should be burdened with the fiduciary duty to protect people's rights because the government (or others engaging politicians on their behalf) would benefit from the exercise of discretion to extinguish rights which it alone had the power to disposal
Wednesday, April 8, 2009
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment