Proudhon gives a second example in judicial authority. "The judicial
functions, by their different specialties, their hierarchy, [their
permanent tenure of office,] their convergence under a single
departmental head, show an unequivocal tendency to separation and
centralization. But they are in no way dependent on those who are under
their jurisdiction; they are all at the disposal of the executive power,
which is appointed by the people once in four years with authority that
cannot be diminished; they are subordinated not to the country by
election, but to the government, president or prince, by appointment. It
follows that those who are under the jurisdiction of a court are given
over to their 'natural' judges just as are parishioners to their vicars;
that the people belong to the magistrate like an inheritance; that the
litigant is the judge's, not the judge the litigant's. Apply universal
suffrage and graded election to the judicial as well as the
ecclesiastical functions; suppress the permanent tenure of office, which
is an alienation of the electoral right; take away from the State all
action, all influence, on the judicial body; let this body, separately
centralized in itself, no longer depend on any but the people,--and, in
the first place, you will have deprived power of its mightiest
instrument of tyranny; you will have made justice a principle of liberty
as well as of order. And, unless you suppose that the people, from whom
all powers should spring by universal suffrage, is in contradiction with
itself,--that what it wants in religion it does not want in
justice,--you are assured that the separation of powers can beget no
conflict; you may boldly lay it down as a principle that _separation_
and _equilibrium_ are henceforth synonymous."[158]
Then Proudhon goes on to the army, the customhouses, the public
departments of agriculture and commerce, public works, public education,
and finance; for each of these administrations he demands independence
and centralization on the basis of general suffrage.[159]
"That a nation may manifest itself in its unity, it must be centralized
in its religion, centralized in its justice, centralized in its army,
centralized in its agriculture, industry, and commerce, centralized in
its finances,--in a word, centralized in all its functions and
faculties; the centralization must work from the bottom to the top, from
the circumference to the centre; all the functions must be independent
and severally self-governing.
"Would you then make this invisible unity perceptible by a special
organ, preserve the image of the old government? Group these different
administrations by their heads; you have your cabinet, your _executive_,
which can then very well do without a Council of State.
Public-domain text, read in full here on John Shaqi.
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