By: Ivan G. Fernández Peace (*)
Basically there are two direct democratic expression confined in the field of quality - quantity, one of them is a vote or direct vote (much) in which the city en masse - at times, is minimized, despised and beaten up at his appearing and disappearing vote, the other radical or face to face is structured on the Jury (quality), where the citizen is regarded and highly valued because it expresses opinion directly, in turn, has a single vote. In this booklet briefly describe the latter, since it is almost unknown therefore, little valued by our Latin society. Direct Democracy in sense of quality, turns out to be the most effective popular government in which citizen groups in an assembly, council or court, take part in discussions aimed at deliberate and make decisions that will regulate life and customs of their social environment, and can (even in some cases) to veto or amend existing legislation. Sovereignty resides in the people, to be exercised by him immediately, without any representative choice.
Its modern historical precedent is found in the Germanic tribes (Saxons and Angles barbarians, S. IX) who followed the normative system in strong opposition to abusive tax law by the Roman Empire, being then transferred to the Britannia (Great Britain) which was strengthened with the passing of time was passed and adopted by the English colonies in the process of conquest (Commonwealth).
As one of the most highly representative of Direct Democracy are:
A) or Jury Popular Jury Trial: Institution always linked to the concept of democracy and away from any form of authoritarianism, born in ancient Athens and is given by Solon ( Greece 638a.c.-558a.c.) known then as Heliaía or Heliaia (congregate, in ancient Greek), currently seen in nations angloparlantes; but, with growing acceptance and available to be adopted by more and more peoples of the world. Jury courts, allow citizens to participate in a Power State (Judiciary) making the administration of justice and as such, is the ultimate expression model of direct participatory democracy designed to preserve social peace with real justice-turned directly from the people.
B) Grand Jury or Grand Jury: judicial body established in England (S XII) for the purpose of removing the king absolute power under the premise of "The king commands but does not govern" the Americans perfected the institutions of the making body research, advisory, with autonomy to see evidence, examine witnesses, require evidence, etc. in coordination with prosecutors, stating that, to be formal charge or complaint by the State to any individual, a group of fellow citizens (not lawyers) must determine whether there because of events or not to accuse, to exist themselves then follows the case to trial by jury Trial.
The jury in the two contexts (indictment and trial), is a key part in the democratic states of North America, such an institution is considered as the paradigm of public policy including in the legal system, a condition referred to by Sarah Parker, President of the USA-NC Supreme Court: "The system we have has helped our country the greatest nation in the history of civilization."
Overall, a quality real direct democracy, only two instances in which ordinary citizens can make important decisions, one is the vote, two the jury, the sentence for this type of demonstrative highly binding Democracy's livelihood: "Duty Rate = Right to Judge" , thus establishing a real and effective balance of powers where the executive is a president, the legislature is several Congressmen (Representatives or Senators) and the judiciary is shared between the judiciary and all citizens. However described, the direct democratic system is closed to the political class more immersed in corruption in a phrase I have been mentioned long ago that reads: "If the people elected (voting), then the people the judge (jury) " , situation as you understand, not nice at all to political partisans mediocre players for obvious reasons, particularly, feel so good this type of democracy that our political caste do not like, grounds, without any basis, not being prepared, therefore, must birth of popular pressure. "
One of the strong historical underpinnings, can be found in the famous phrase from the philosopher Montesquieu referred to in his famous work The Spirit of Laws (France-1748): " The power to judge not Senate can give a permanent, must be exercised by people who left the in the manner provided by law to form a transitional court, this is the only way as the terrible power of judging is not linked to a state, to any profession is made invisible and null. "
As you see, Justice and Democracy in the jury merge, establishing a close relationship in which widely, it becomes passive citizen active political participant, reflecting its best citizen, valuing their environment the actions of their peers, equals or peers in similar magnitude of weighing the prospects of the government within the community. For
increasingly disillusioned with their Latin American traditional democracy (much), direct democracy (quality) is a good incentive to urge them to believe in the institutions of the same. Consequently, the entry of air democratic renewal in Latin America, born in the mind the suspicion of why the institutions of the jury have never been promoted by the North of our continent to their "brothers American "is not that, not like the idea that we take the institution that was really great, likewise, we must understand that without total direct democracy, citizens will remain poor.
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