Legislative Principles and Law Making Process Content
Features of Autocratic legislation
- No division of power:
There is no separation of power, all judicial, executive, legislative function is carried by the same people, and all power are vested and exercised by ruler themselves. In all area there is possibility of abuse of authority. Ex: Royal Commission set by Gyanendra, which used to file case by own initiative and investigate by the same body and also implementation or enforcement by the same one.
- No rule of law but rule by law.
Rule of law is a general legal maxim according to which decisions should be made by applying known principles or laws, without the intervention of arbitrary discretion of ruler in their application. But it is usually absent in autocratic regime.
- Individual right aren’t respected.
Every individual, a right is the moral sanction of a positive—of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice. As autocrats may impose obligations on them of a negative kind like to abstain from their individual liberty if they revolt against regime.
- Public opinion is not considered.
The rapid spread of public opinion measurement around the world is reflection of the number of uses to which it can be put. Legislative have increasingly found surveys to be useful tools for guiding their public information and propaganda programs and occasionally for helping in the formulation of law.
- Media are suppressed.
Media in under autocratic rule have no respect for the sentiments and ethics of the people and land whom they serve to, with their immense power to influence the masses they just make judgment like a true dictator rather than a good advice of a true friend as they used to do in democratic society. Sometimes media may get under attack by dictator if it goes against them (Kantipur media during King Gyanendra takeover).
- Education is suppressed.
Education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another which may create a situation of rebellion against the autocrat (Peoples’s democratic movement in against Rana and Panchayati regime).
Totally closed system of governance or legislation/law is found in autocratic regime. An autocratic regime ignores to other and works for the ruler’s interest. They don’t prefer any kind of intervention or support on any matters from international level.
Autocracy moves toward elite power by use of legislation as their weapon. They impose obligation on people.