Is the philosophy of the Political Tammany relevant in our modern democracy?

https://www.graphic.com.gh/features/opinion/is-the-philosophy-of-the-political-tammany-relevant-in-our-modern-democracy.html 

THE PRESIDENCY, NATIONAL SECURITY, AND DEMOCRACY- THE CASE OF THE US CONSTITUTIONAL PROJECT

 https://www.myjoyonline.com/the-presidency-national-security-and-democracy-case-of-the-us-constitutional-project/

SUCASA PROPERTIES AT THE ECOBANK-JOY NEWS HABITAT FAIR, 2022 AT THE ACCRA INTERNATIONAL CONFERENCE CENTER

https://1drv.ms/b/s!Am1LHdhNAVSUi342yAm7Lyx8trpq 

THE GHANA NATIONAL RENT ASSISTANCE SCHEME

 

THE NATIONAL RENT ASSISTANCE SCHEME IS A POLICY FOR THE MASSES

By Daniel Kofi Awuku-Asare (PRO, Sucasa Properties Ltd. www.sucasapropertiesgh.com)

The burden of accommodation rental in Ghana, and especially, in the cosmopolitan centers is a topic that needs no further embellishment. The realities of the socio-economic climate, predicts sufficiently, the challenges, which the overwhelming majority of the people are confronted with when it comes to renting of accommodation in the Metropolitan, Municipal and District Assembly areas of our society. But particularly, challenging, is the rent debilitating syndrome in the cosmopolitan centers. The challenge itself, could be categorized into the following sub-headings:

Availability of Accommodations

In many instances, residents in the cosmopolitan areas especially, Accra, Kumasi, Tema, Takoradi, Cape Coast etc. are seriously confronted with this challenge, where demand outweighs supply in those jurisdictions. It suffices, that the rural-urban drift, adversely affects the convenience with which such provisions could be made to meet the demand ratio.

Insufficient Financial Resources / Economic Deprivation of the People in the Demand Bracket

The story about economic stress, insufficient income generation opportunities for the low to middle income earners in the country has an expressive outlay on the people’s purchasing power inclusive of their abilities to meet other daily bills like rent, food, clothing etc. – which are all fundamental needs to human survival. In Ghana, the cliche` goes, that the people do not make a living income, and yet strive hard to survive on their meagre means of living. The overwhelming ramification is brought to bear on the population bracket’s ability to readily own or rent a piece of property for use as their homes.

Rental Advance Collection Practice

The elephant chunk of the challenge under purview is the notorious practice of Advance Payment collection under the accommodation rental practice in Ghana, where the affected population bracket is compelled to make a 2 to 3-year advance payment before one could secure a piece of property or apartment for a home. To compound this particular challenge is also, the fact, that many of these low to middle income earners themselves do not have ready access to credit facilities because of stringent measures operated by the financial institutions in one’s bid to acquiring these facilities within the crucial time of the bulk demand of such financial quantum before one could secure a property for a home after say, been posted to duty-either as a teacher, nurse, civil servant or even a private entrepreneur, just trying to settle in such geographical jurisdictions of advantage to the start of their business ideas and operations. In fact, this challenge is real and practical and in need of immediate and realistic redress.

Accessibility and Middlemen Role (Agents)

The factor of inaccessibility is sometimes, created because of this very development of the middlemen role, popularly known in our terrain as ‘Agents’. Many of such middlemen have unscrupulously exploited, frustrated and complicated the citizenry’s quest to obtaining accommodation for their settlement and their families. Under the practice, these Agents are themselves entitled to a self-determined charge of 10% of the total cost of the rental charge, collected in advance payment over a period of not less than two years-usually. Many such prospective tenants have on many occasions fallen prey to these so-called Agents, wherefore, the latter have usually, succeeded in absconding the entire sweat-earned accommodation rental fees of their purported clients without necessarily securing them any place of residence; this development is especially prevalent in the Metropolis – Accra, Kumasi, Tema etc.

Public Policy prudence, requires accountability, civic virtue and public acceptability. It portends therefore, that the rental laws, Regulations of the Rent Control Department, government’s social intervention policies, stakeholder engagement proposals and many other relevant policy documents have not pushed the interests of the woefully affected populace radically, enough in the face of these outlined adversities. It is in this light, that the Rent Act (Act 220) and the Ghana Housing Authority Bill has been given a critical review by the Sector Minister of the Ministry for Works and Housing in the person of Hon. Francis Asenso-Boakye in conjunction with the relevant stakeholders to addressing the pernicious cycle of the accommodation and rental challenges, that has strangulated the populace over the span of time.

The introduction of the National Rent Assistance Scheme is such a great policy offering a sigh of relief to the overwhelming majority of the affected population bracket of this canker. “There is the urgent need for government to offer protection to low-income and vulnerable prospective tenants from abuse and arbitrary actions of landlords and offer incentives to stimulate private sector investment”, remarked, the Sector Minister-during a colloquium to review the existing Rent Act (Act 220) and the Ghana Housing Authority Bill, organized jointly by the Ministry of Works and Housing and the Kwame Nkrumah University of Science and Technology (KNUST) at Kumasi in July, 2022. 

The National Rent Assistance Scheme itself, is a policy direction, that effectively and radically, seeks to eradicate the notorious practice of Accommodation Rent Advance Payment, and open the system up for easy access to consumer credit facility to massage the accommodation needs of the masses. The policy is also, is purposeful in its wholistic implementation in that it invites investment opportunities and investors in general into the real estate and housing infrastructural provision and development agenda. It targets the legal elements, regulations and control mechanism in the supply chain market index.

SuCasa Properties – a formidable real estate developer, and a relevant stakeholder in the Affordable Housing infrastructural provision agenda of the country, finds the legal architecture and the social policy element of the National Rent Assistance Scheme-such a relevant catalyst to the protection, promotion and preservation of its own complimentary Affordable Housing Projects to cushion the efforts of the government.

If the government’s Affordable Housing policies are anything to be attained, then the legal frameworks underpinning our housing infrastructural provisions and accommodation rental schemes must be reinvigorated and given the full force of the law for realistic implementation and the realization of its desired aftermath effects.

Public-Private Partnership is such a laudable initiative, that must be given the blessings, unflinching commitment, and the political will in its integrated development initiative.

 

 

IS OUR GLOBAL DEMOCRACY DWINDLING OR GROWING?

Democracy is a form of government, a way of life, a goal or an ideal, and a political philosophy. The term also, connotes a country that has a democratic form of government. The word democracy means rule by the people. United States President, Abraham Lincoln described such self-government as “Government of the people, by the people, for the people”. In a democracy, the people might directly or indirectly participate in government. Under circumstances, where the mobilization of the people take place in a designated setting for discourse on community development, the democratic practice is termed: pure democracy, which in other terms referred to as direct democracy. This practice was characteristic of the Greek City – State of Athens, and a modern practice in the New England town meeting.

In recent consideration of the term democracy, a large frame of picture is formed of representative democracy. Geographical delineation, technological advancement, population growth and their attendant effects do not conveniently permit all the citizens to meet as a group to form their laws and take decisions. This has eventually given room for representation at local, regional and national structures in the execution of roles and responsibilities of the majority of the citizens. An assembly of representatives may be called a council, a legislature, a parliament or a Congress, the latter been the prevailing situation in the United States of America. When their freely elected representatives in the composition of the government legitimately represent the people, then we say the composition of the government is a “ democratic republic” or a “republican government”.

In democracies, mostly, voting decisions are based on majority rule – that is more than half the votes cast. In Ghana, a country that prides itself a democracy as well, election of the presidency is based on majority rule of 50% + 1 of the total votes cast. At times, and perhaps, in round off elections, a decision by plurality also, called simple majority is employed. A candidate with a plurality receives more votes than any other candidates, but does not necessarily have a majority of the votes cast. On the contrary, in the United States, a simple majority of the popular vote alone cannot determine a legitimately elected president therefore, the Electoral College system is adopted. Even in some countries including the United States, elections to legislative bodies are conducted according to proportional representation. Such representation awards a political party a percentage of seats in the legislature in proportion to its share of the total vote cast. This kind of development and its connected advantageous political agenda informed the issue of “The citizenship question” in the United States' last Census Bureau's exercise, which same concern, ended up been quashed at the Supreme Court, and in favor of the advocacy of the Liberal ideological stream or the extreme left.  

Individual equality and freedom, apparently, underpins the major principle of a democratic culture. By individual equality and freedom, the citizenry in a democracy should be entitled to equal protection of their persons, possessions, and rights, and have equal rights of political participation. They should equally enjoy freedom from undue interference and domination by government. They should be free within the framework of the law, to believe, behave and express themselves as they wish. The ideals of a democratic society must seek to guarantee the citizenry certain degree of freedoms, including; freedom of religion, of the press, and of speech. The individual's freedom to associate him or herself with a group; and to be part of an assembly or a congregation, and social dignity must under no circumstance be infringed upon. He or she must be protected from arbitrary arrest and imprisonment and have the freedom to work and live where and how they choose.

In the administration of a nation – state, it is undeniably factual, that constitution of government is indispensable. However, important this remain, some citizenry within the framework of a democratic tenet believe that the over involvement of government's role in such sensitive areas as welfare, education, employment, and housing has the tendency to subjugate the freedom of the people and consequently, subjected to too much governmental regulations in such areas as indicated. This is a major threat to this group of political philosophers; The Liberals and The Conservatives - the latter been the fervent supporters of more government involvement in the institutions of a democracy, and acute critics of the former respectively.

The application of democratic principles in everyday life is no easy a work to talk of. It must  therefore, be recounted that the themes of controversy and discourse in modern democratic societies is further enhanced by the emergence of this group of analysts. In Ghana for instance, freedom of speech, press, religion, and assembly are protected by the 1992 Fourth Republican Constitution. In guarding these freedoms therefore, the judiciary arm of government has tried to balance the interests of individuals against possible injury and damage to other people and the community. Even in matured democracies such as the Western democracy, recent attacks on state institutions and human lives have become real challenges to the onward progress of their democracies. The January 6^th 2021 insurrection of the US Capitol, the murder of Floyd, the Kenosha shootings and many other such extremisms and their attendant democratic “protestations” challenge the core of the very principles and tenets of democratic freedoms in modern times.

In this respect, the right of free speech does not allow people to falsely damage the reputations of others. It also, does not allow people to shout “FIRE!” in a crowd when in fact, there is no need for “FIRE”. In the early 14^th, through the 16^th centuries, the cultural rekindle demanded the Renaissance spread throughout Europe. The internal drive for Independence and self – sufficiency from monarchical influence and dictatorial tendencies were reawakened. This brought a massive shake within the political paradigm and  catalyzed the growth of democracy. The demand for freedom was everywhere and in all spheres of lives. This new ideological move equally energized the Protestant Reformation, which emphasized the importance of individual conscience. Catholics and Protestants defended vehemently, the right to oppose absolute monarchy; the efforts of Martin Luther - highly commended. They agreed that the political power of earthly rulers is sourced from the consent of the people as Albert Einstein rightly puts: “My political ideal is democracy. Everyone should be respected as an individual, but no one idolized”. The Industrial Revolution in the 19^th century welcomed immense political reformation of remarkable importance. The working class demanded and received greater political rights. New laws gave more citizens the right to vote. The freedoms of speech, the press, assemble and religion were extended and enlarged.

In its universal context, the democratic tenets have their own value systems that uphold the integrity of the concept and or philosophy. Underrating these value systems of democracy, invariably, mars the beauty of the practice and calls for resentment. In a democracy, respect for human rights is an indispensable matrix to warrant any favorable outcome. In a democracy, everybody matters so much so well that the infringement of an individual's right be it a first generation – civil right, second generation – socio-economic right or third generation – collective right of solidarity and fraternal reconstruction and realignment are potential orchestrations to generate insecurity, anarchy and underdevelopment. Such rights as free movement; speech, association and responsibility to the state must under no circumstance be compromised.

Again, in a democracy, elections at all levels must be free and fair. Elections give the people a chance to choose their leaders and express their opinion on issues. They are held periodically to ensure that elected officials truly represent the interests and aspirations of the electorate. The possibility of being voted out of office helps assure that these officials pay attention to public opinion. The democratic process is age – bound. Likewise, the United States and many other Western democracies, in Ghana, a citizen of 18 years and above, who is of sound mind as described under the 1992 4^th Republican Constitution, qualifies to vote and the process, permits citizens to vote by secret ballot, free from force or bribery, oppression or the use of incumbency. The process also, requires, that the election results be protected against rigging, irregularities or any dishonesty of the sort. In the same spirit as the various courts of the Judiciary Arm of Government supervised and dispensed election related cases including even the Supreme Court of the United States in its just ended presidential and Congressional elections, Ghana's own Presidential and Parliamentary elections have been brought under the same litmus test, with the Apex Court still adjudicating the Presidential Election Petition brought before it by the opposition National Democratic Congress against the Electoral Commission, and the current President as Respondents – this is the essence of the Rule of Law.

Decision – making is of course at the heart of democratic practice. In this vain, majority rule and minority rights are critically protected under a true democracy by the enactment of state institutions. In Ghana, like the United States of America, the Constitution is the guarding document. Decisions by majority rule or popular acclamation are used to decide policy direction as well as the election of officers in a democracy. Majority rule is based on the idea that if all citizens are equal, the judgement of the many will be better than the judgement of the few. Democracy also, values freely given consent as the basis of legitimate and effective political power. But it also, believes in the protection of the minority rights and views in the expression of dissent as might be considered in proportional voting – cross boundary voting on consensus and pluralism.

Another essential value system of democracy is the development and activities of political parties. In fact, rival parties make elections meaningful by giving voters a choice among candidates, who represent different interests and points of view. In democratic countries like Ghana, the political party or  parties that are out of power serve as the “loyal opposition”. They criticize the policies and actions of the ruling party. However, in a dictatorship, criticism is a treasonable offense, typical instances across the World is Syria, China, Russia and those Communist ideological cohorts, struggling to embrace the Western democratic culture. Recently, we heard of the arrest and imprisonment of Russia's main opposition leader Alexei Navalny, which decision has attracted the United States attention in its foreign policy directive to have Mr. Navalny released with immediate effect. Other Western voices in this direction are the United Kingdom, Germany and France. Myanmar's democracy has also been overthrown through the barrel of the gun - another instance that puts United States foreign policy under rigorous test especially under the new administration of President Joe Biden. Ukrainian threatened invasion by Russia is another test of our global democracy with a strong engagement of American Foreign Policy. In a true democracy, power is coequally distributed among the three Arms of Government under the principle of Separation of Powers, thus, the Executive, the Legislature and the Judiciary, where each perform an oversight responsibility over the other in its principles of Checks and Balance – paving way for the Rule of Law.

Private organization is a very essential value of democracy that guards against tyranny and dictatorship. Individual and private organizations carry on many social and economic activities that are for the most part, free of government control. For example, newspaper and magazines are privately owned and managed. Labor Unions are run by and for the benefit of workers not the state. John Galsworthy says, “The measure of a democracy is the measure of the freedom of its humblest citizens”. Democratic governments generally do not interfere with religious worship. Private schools operate along with public schools. The people may form groups to influence opinion on public issues and policies. Most businesses are privately owned and managed.

The Declaration of Independence in 1776 expressed the belief that “All men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness”. The declaration indicates, that the people may change or abolish the government if it interferes with those rights. It is believed that the greatest hindrance to individual freedom and equality are political. Freedom could only be preserved through the change of government from military tyranny or dictatorship or monarchy to a republic. If this conclusion is true, then we ask: “Is our Global Democracy Dwindling or Growing?”

It is quite obvious that the government that governs least, governs best. It is however, becoming extremely pressing that government regulation of society and the economy is inevitable to the extent of making personal freedom any more meaningful; and to promoting equality as well as to improving the welfare of the citizenry. Some governments today, if not most of them, claim to be democratic, but many of them lack some essential freedoms usually associated with democracy. In some countries, for example, in the Middle East, Far East, Asia in general, Africa and the Americas, the people are not allowed certain basic freedoms, such as those of speech and of the press or competitive elections.

In my own country Ghana, our efforts at establishing democratic institutions cannot be marginalized, but it is notable that the nation is not fully-fledged with self-rule, and this in no doubt has hampered the democratic processes. Instead, what ought to be done is to reinvigorate the Ombudsman, develop a culture of tolerance in our diversity of purpose, and sustain the Rule of Law. It is quite glaring, that even advanced democracies like the United States of America's has been under recent attacks, but the tenacity to withstand the odds is evidently inherent in such democracies.

 

 

 

 

 

BRITAIN’S UNCODIFIED CONSTITUTION

 BRITAIN’S UNCODIFIED CONSTITUTION

Britain has no codified Constitution, but technically, some aspects of the sources of Britain's Constitution is Written. However, though, the case might be, in FF. Ridley’s opinion, Britain has no Written Constitution, and figuratively, compares to a “clotheless” nation, synonymous to shame. Such an extreme position assumed by Ridley is further supported by the open advantages of the Written Constitution of other nations in comparison.

Britain, rather, gathers it’s sources of the Constitution from Conventions, Traditions, Acts of Parliament, International Treaties, Customs and Norms and  Practice, handed over from one generation to the other. Many Political Scientist argue, that the absence of a codified or single document containing the rules and regulations that governs Britain, disadvantages students who wish to pick a document and make reference to the modus operandi of the administration and governance of the State.

Revolutionary Politics contend, that declaring Parliamentary Sovereignty, takes away the democratic engagement of the government from the people, who under the Western democratic tenets are the overlords of power and the primary source of  political legitimacy. The absence of a Written Constitution, which must emanate from the people renders the democratic culture of the British government in doubt.

If Ridley's position is to be sustained, then  radical reform is eminent for the British legal and geopolitical system to incorporate a wider democratic and civic engagement – far from the Principles of Parliamentary Sovereignty currently practiced under its uncodified Constitutional type.

The uncodified Constitutional type may present its own merits, but given my personal position and understanding of Rule of Law, I would rather, the British Constitution came from the people who make up the government and legitimize its participatory political frontiers. If Parliament is representational, then it cannot be Sovereign- “Sovereignty” emanates from the State; from the people. America's Constitution under the Common Law, presents one of the best examples.

MAGNA CARTA; ITS PRINCIPLES AND PHILOSOPHY

 

The 1225 Civil Liberty Document was indeed an enlightenment. The document perceived, both as a legal source and political  administrative blue print has withstood the test of time even though it culminated in the British Civil War in the 13th Century.

The rights of men were guaranteed even at the point of the arguments of law that the Magna Carta provided. False imprisonment, oppression and tyrannical rule was placed in check through the instrument of the Magna Carta.

Undue taxation by the government ( the Monarchy) was radically challenged and the new structure of government was evinced where true and democratic power emanated from the people – democracy.

The Magna Carta was not just a mere document it was a set procedure for political organization, a source of law and civil liberties insulator.

This is the reference document that provided the motivation and guidance for emancipation from European Monarchical tyranny.

The American revolution of the 17th through the 18th century was equally informed by this law and governmental liberation by the precepts of the Magna Carta as the English Whigs imported the radical ideology of civil disobedience and demand for civic virtue and civic responsibility of the rights and liberties of the citizenry into the New Colonies from England.

The demand for justice and from unlawful imprisonment, the habeas corpus, writ of Mandamus, Certiorari, Judicial review and legal reforms owe their origins to the Magna Carta. Thomas Moore, was extricated when he presented his defense argument from the Magna Carta, same informs the American legal system – giving birth to the Bill of Rights, and later significant Amendments like the 13th Amendment, which ends slavery and 14th Amendment, which justifies equality of all men before the law.