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A SEPARATION OF POWERS FOR EXISTENCE AND LIBERTY


BASIC WORDS

THESE BOOKS

  This "A SEPARATION OF POWERS FOR EXISTENCE AND LIBERTY", is also called "This Book" in this book. This book, "EXISTENCE AND LIBERTY", "OUR-EXISTENCE.NET", "A PSYCHOLOGY OF ANIMALS HAVING MEMORIES", "A PSYCHOLOGY OF ANIMALS HAVING EGOS", "A PSYCHOLOGY OF ANIMALS HAVING HABITS", and "PARTICULAR THINGS AND GENERAL THINGS" are also called "These Books" in this book.

LIBERAL RIGHTS

  An individual's manipulating his or her body, functions, or means on his or her desire is also called an individual's "Freedom" in these books. In addition, each of the parts of freedom which need to be admitted to be just by a fundamental law like constitution is also called an individual's "Liberty", and each of the parts which has already been admitted is an individual's "Liberal Right" in these books. The freedom of life and body, that of speech and thought, and so on with no limits, and that of private property and contract with some limits are provided as liberal rights by constitutions in a lot of states the present day. However, the provisions of them by law and whether or not they are actually protected are different, and the latter is a question. In addition, we need to prevent the restraint on the liberal rights with some limits from reaching those with no limits.
  Some other individuals or groups' disordering an individual's liberal right is also called the "Violation" of it by some other individuals or groups or some other individuals or groups' Violating it in these books.
  In contrast to violation, some other individuals or groups' preventing an individual's liberal right from being violated is also called the "Protection" of it by some other individuals or groups or some other individuals or groups' Protecting it in these books.

POWERS

  An individual or group, its function, or its means which have the ability to restrain, disorder, or promote some other individuals or groups, their functions, or their means are also called a "Power" in these books.
  A power which has the ability to restrain, disorder, promote some other individuals or groups, their functions, and their means physically both in the sense of materials and in the sense of bodies is also called an "Armed Force" in these books. Armed forces are included in powers.
  Some powers have the ability to violate some liberal rights. An armed force has the ability to violate some liberal rights the most directly of all the powers.
  However, some powers have the ability not only to violate some liberal rights but also to protect them by preventing some other powers from violating them. An armed force has the ability not only to violate them the most directly but also to protect them the most directly by preventing the most directly some other armed forces from violating them. For example, an armed force has the ability to protect the liberal right of life and body by restraining violence from violating them.
  Moreover, not only some powers have the ability to violate or to protect some liberal rights but also some have that to secure some social rights which will be defined later. For example, the administrative power has the ability to promote the individuals' lives and health by improving the social structures and promoting the welfare.
  In addition, not only some powers have the ability to violate, to protect, or to secure some human rights but also some have that to destroy or to preserve some other living things and the nature. For example 1, the administrative power has the ability to destroy the nature by overissuing public enterprises and has that to preserve it by regulating the destruction of it. For example 2, the weapons which an armed force holds and uses have the ability to injure or to kill not only some human beings but also some other living things.

PUBLIC POWERS

  A power which has already been admitted to be just and public by a fundamental law like constitution is also called a "Public Power" in these books. In addition, a public power and, the individuals, groups, powers, the other living things, and the nature in a certain region that are ruled by the public power are also called a "State" or "Nation" in these books. Public powers are included in powers.
  Each public power involves some armed forces like the police, the military, and so on. The armed forces which a public power involves are also called a "Public Armed Force" in these books. Each public armed force has been separated into the police and the military. The prosecution is included in the police and in the administrative power in these books. That is because each prosecutor need to be independent and because he or she need to be separated from the legislative power and from the judicial power, but to make the prosecution a new power is an overseparation. As will be explained later, we need to prevent overseparations and to realize only necessary separations.
  Such definitions never mean that public armed forces, the military, or the police include any aggressive powers. The explanation will be omitted as self-evident in these books that their functions need to be limited to the defensive ones both in each state and in the international society.
  Basically, the words of a state or nation designate each of the states, a public power designate one public power in each state. When this need to be emphasized, a state or a public power is also called Each State or Each Public Power in these books.
  As to a union, united states, and so on, a complex or each of its components is also called a State, and the public power of the former or the latter is also called a Public Power in these books. Such definition never means that localities are unnecessary. The system separating powers as will be explained in this book can be applied to localities. However, when that is always explained, the sentences will be complicated, accordingly the explanation will be omitted in these books.
  Such definitions never mean that any state or public power is an inseparable body. Each state or each public power is a complex consisting of a lot of things and is separable. This is the most important in this book.

THE PART OF A PUBLIC POWER VIOLATING AND PROTECTING LIBERAL RIGHTS

  As much as the other powers do or more than they do, some parts of each public power have the ability to violate some liberal rights, and the public armed force has the ability to violate them the most directly. There are some parts in each public power that have the ability to violate some liberal rights. The parts of a public power which has the ability to violate some liberal rights is also called the "Part of a Public Power Violating Liberal Rights" in these books.
  However, some parts of each public power has the ability to protect some liberal rights by preventing some other powers from violating them, and the public armed force has the ability to protect them the most directly by preventing the most directly some other forces from violating them. There are some parts in each public power that have the ability to protect some liberal rights. The parts of a public power which has the possibility of protecting some liberal rights are also called the "Part of a Public Power Protecting Liberal Rights" in these books.
  As is one of the most important, the part of a public power violating liberal rights and the part protecting them are almost the same. For example, just the same police or military can violate them by acting in peace time and functioning to individuals, and can protect them by acting in war time and preventing violence from violating them. Metaphorically, they are two sides of the same coin, or a double-edged sword. Accordingly, the part of a public power violating liberal rights and the part protecting them which are almost the same are also called the "Part of a Public Power Violating and Protecting Liberal Rights" or the Part Violating and Protecting Liberal Rights in these books. However, when the words "violating and protecting" are always used, the sentences will get complicated. Accordingly, it is also called the Part of a Public Power Protecting Liberal Rights or the Part Protecting Liberal Rights in these books. However, when it is necessary to emphasize that it includes the part violating liberal rights, the words of the Part of a Public Power Violating and Protecting Liberal Rights will be used. Please pay attention to such usages.
  By the way, each public power had provided crimes and punishments by law, held courts and decide guilty and punishments or innocent, and administered punishments before the improvement of democratic system and separation of the three powers. A lot of the crimes provided by law have been private powers' violating some liberal rights. The provisions of crimes by law, holding courts, and the administrations of punishments have had as a result the functions of making the public powers prevent some liberal rights from being violated by some private powers and of restraining the public powers from violating some liberal rights.
  However, they had not been enough. Accordingly, individuals and groups have improved democratic system and the separation of the three powers mainly for liberal rights to be protected mainly since the seventeenth century mainly in Western Europe and North America.
  A democratic system is a system where individuals and groups restrain the public power comparatively directly. In contrast, separation of the three powers is a system which separates the public power into the legislative power, the administrative power, and the judicial power and where they restrain one another.

THE PART OF A PUBLIC POWER SECURING SOCIAL RIGHTS

  However, individuals and groups seek not only liberty but also existence and better life, at least, the minimum life. Simply, life and health is more urgent than freedom. There had been economic inequality, economic contradictions, and so on before social rights were sought, and individuals and groups had sought existence and the minimum lives.
  However, without the liberal rights of speech, thought, and so on, the individuals and groups cannot even claim liberal or social rights. After individuals and groups had improved liberal rights, democratic system, and separation of the three powers to a degree, they were able to claim the minimum life. In addition, the beginning of the rapid development of science and technology and the Industrial Revolution had made economic inequality and the contradictions of capitalistic economy clear, they were able to claim the minimum life more clearly.
  However, the individuals and groups with some capital can make full use of it and of the individuals with little capital and store more and more capital on the basis of freedom of private property and contract. Though the enterprises are free to compete, they are also free to compromise, the compromises cause monopoly, the monopoly paralyzes the "invisible hand," and causes depression, unemployment, and so on. In such ways, only by improving liberal rights, democratic system, and separation of the three powers, there are economic inequalities and contradictions of capitalistic economy, and individuals undergo dreadful lives.
  Accordingly, individuals and groups have claimed the rights to live and to work, have provided such rights by law, have enlarged the financial and human powers to promote the welfare in the public powers and have expanded the authorities of the public power to regulate enterprises and the contracts between labor and management.
  In addition, though the capitalism makes much not only of the economic competition among enterprises but also of the social competition among individuals, constructive competition is possible when children are educated equally and the young get to the equal starting point. Accordingly, individuals and groups have made the public powers provide children with the minimum education.
  Moreover, the destruction of the nature by the expansion of enterprises and human lives has been clear, and the destruction has disordered human lives and health since the latter half of the twentieth century. Accordingly, human beings have made public powers regulate the destruction of the nature.
  Each of the rights for the individuals and groups to make the public power maintain or promote existence, the minimum life, labor, and education is also called a "Social Right" in these books. A public power's maintaining or promoting the rights is also called a public power's "Security" of social rights or Securing social rights in these books.
  In such ways, there are some parts in each public power that have the ability to secure social rights. The parts consist of the authorities to regulate enterprises, those to coordinate labor and management, the financial and human powers to construct and maintain social structures, those to promote the welfare, those to provide children with the minimum education, the authorities to regulate the destruction of the nature, and so on. The parts of a public power which have the possibility of securing social rights is also called the "Part of a Public Power Securing Social Rights" or the Part Securing Social Rights in these books.

A SIMPLE DISTINCTION

  Liberal rights and social rights are contrastive rights, and the part of a public power violating and protecting liberal rights and that securing social rights are contrastive parts of a public power.
  The former part protects the former rights by restraining some other powers from violating the former rights. In contrast, the latter part promotes the existences and functions themselves of individuals and groups like life, health, labor, knowledge, technique, and so on and secure the latter rights by promoting or restraining various things which range from enterprises, labor and management, welfare, and education to the nature. In contrast, the former part restain only the powers which violate the former rights from start to finish and do not need to and should not promote or restrain any existences or functions themselves of individual or groups other than them.
  The former rights are violated when the former part is functioning actively. In contrast, the latter rights are secured when the latter part functions actively. The former rights are protected when the former part is lazy. In contrast, the latter rights are not secured when the latter part is lazy.
  The former part needs to be restrained so that the former rights can be protected. In contrast, the latter part needs to be promoted so that the latter rights can be secured.

THE RIGHT TO EXIST IN GENERAL

  As was explained in "OUR-EXISTENCE.NET", with the pain of the anxiety and fear about the extinction of living things including Self and its family's death and a lot of pain, the right to abolish and prevent totally destructive means and to make living things including human beings exist until the drastic change of the sun, the earth, and so on while reducing pain as in general as possible is also called the right to exist in general in these books. Its detail is explained in "OUR-EXISTENCE.NET". Please read it.
  In order to have the right to exist in general admitted as a right, we need to emphasize that it is the individuals who live at present that have the pain of the anxiety and fear about the extinction of living things including Self and its family's death and that about a lot of pain.
  Public powers need to abolish and prevent totally destructive means and to restrain war, collective violence, and so on. In each state, the public power needs to abolish, prevent, and restrain them strictly. In this sense, the part of a public power securing the right to exist in general resembles the part protecting liberal rights. However, in the international society, public powers need to conduct diplomacy actively. In this sense, the part securing the right to exist in general resembles the part securing social rights.

THE DEVIATION OF A PUBLIC POWER FROM SOCIAL RIGHTS

  Some liberal rights needs to be restricted by some parts of a public power so that some social rights can be secured. For example 1, some liberal rights of private property need to be restricted so that public facilities, roads, railways, ports, and so on can be constructed and maintained. For example 2, some liberal rights of contract between labor and management need to be restricted so that working conditions can get better. For example 3, some liberal rights of private property need to be restricted so that the destruction of the nature can be regulated.
  In such situations, some public powers can restrict and violate the liberal rights which do not need to be restricted even for the purposes of securing social rights or for the similar purposes by means of displaying such purposes, and they can destroy democratic systems, the separations of powers, and the rule of law, and run wildly to autocracy, despotism, or so. Such have been experienced in the twentieth centuries as autocracy, old communism, totalitarianism, and so on.
  However, we have not resolved class struggle, economic inequality, contradictions of capitalist economy, and so on yet. Communism, socialism, and so on can revive from now on, and some parts of them are necessary. However, if they are necessary, they are so in the part of a public power securing social rights, and in the other part, and they are not only unnecessary but also unfit in the other part.
  In addition, from now on, it is possible that a kind of totalitarianism displaying the pretext of the preservation of the nature, the existence of the whole of the living things or human beings on the earth, and so on emerges. However, such a kind never functions for the purposes of our existence and the security of the right to exist in general, as was explained in "OUR-EXISTENCE.NET".
  A public power's restricting or violating liberal rights, democratic systems, separations of powers, or the rule of law which do not need to be restricted even for the purposes of securing social rights or for the similar purposes by displaying such purposes is also called the "Deviation" of a public power from social rights or a public power's Deviating from social rights in these books.

THE DIVISION OF THE FUNCTIONS AND GROUPS OF A PUBLIC POWER INTO THOSE PROTECTING LIBERAL RRIGHTS AND THOSE SECURING SOCIAL RIGHTS

THE DISTINCTION BETWEEN FUNCTIONS AND GROUPS

  The functions and the groups of a public power are distinguished. For example, legislation itself, administration itself, and justice itself are functions. In contrast, the houses and committees in a legislative power, the departments, sections, the military, the police, and their units in a administrative power, and the courts in a judicial power are groups. All that is necessary for citizens is that public powers function as a result. However, no public powers could function if they did not compose any groups to any degree.
  The following are necessary for separations of powers. We need, first, to distinguish the functions and groups of a public power, second, to distinguish the functions, third, to separate the functions on the basis of the splits if we find any splits, fourth, to give groups the separated functions, fifth, to separate groups and functions as powers if we find also the splits between groups even to a degree. According to the findings so far, there seems to be a split between the part of a public power protecting liberal rights and the part securing social rights. First, let us distinguish the functions protecting liberal rights and those securing social rights.
  By the way, the separation of the three powers is a system separating powers where the legislative power, the administrative power, and the judicial power are separated and restrain one another. Also in each of the three powers, it is necessary to distinguish between the functions and the groups protecting liberal rights and those securing social rights.

THE FUNCTIONS OF A PUBLIC POWER PROTECTING LIBERAL RIGHTS

  As was defined above, the part of a public power violating liberal rights and the part protecting them are almost the same. The part of a public power violating liberal rights and the part protecting them which are almost the same were also called the Part of a Public Power Violating and Protecting Liberal Rights or the Part Violating and Protecting Liberal Rights. However, when the words "violating and protecting" are always used, the sentences will get complicated. Accordingly, it was also called the Part of a Public Power Protecting Liberal Rights. However, please do not forget that the latter is the same as the former and includes the part of a public power violating liberal rights. These are all the same about the functions, groups and so on of a public power protecting liberal rights. After those have been made clear again, the "functions" of a public power protecting liberal rights can be looked through.
  As was explained earlier, it is the same armed forces that can protect liberal rights the most directly by restraining some other armed forces from violating them. In a public power, it is public armed forces that can protect them the most directly by restraining some other forces from violating them. That is, public armed forces are the most direct functions of all the functions of a public power protecting liberal rights.
  However, at least in each state, of all the powers, the public armed force is the most direct and strongest power not only violating liberal rights but also destroying social rights, the democratic systems, separations of powers, and the rule of law, and running wildly to autocracy, despotism, or so.
  Accordingly, in order to protect liberal rights, it is necessary and possible to a degree that the civil officers in the administrative power, the legislative power, and the judicial power restrain the public armed force. This is the traditional civilian control. In addition, it is necessary and possible to a degree that the public armed forces are separated into the police and the military, and that they restrain each other.
  However, some civil officers in the administrative power sometimes control the public armed forces totally, violate liberal rights, and destroy social rights, democratic systems, separations of, and the rule of law. Accordingly, it is necessary and possible to a degree that the legislative power and the judicial power restrain the administrative power.
  Though all of the following explanations involve democratic systems and though all of the following possibilities involve "to a degree"; because the sentences will get complicated if these words are always used, they will be omitted.
  It is necessary and possible that the fundamental law like constitution provide liberal rights, democratic systems, separations of powers, and the rule of law.
  It is necessary and possible that the legislative power, according to the fundamental law, provide the details of liberal rights, provide the violations of them as crimes, and provide punishments when guilty.
  It is necessary and possible that the civil officers in the administrative power, according to the law, restrain the public armed force. It is necessary and possible that the administrative power, according to the law, restrains powers from violating liberal rights and brings suspects to trials. Here it is important that what the administrative power bring the suspects to are not the administrative power or the legislative power but the judicial power which is independent of the other two powers. Concretely, it is necessary and possible that the police in the public armed force in the administrative power prevent armed forces from striding in the state and the small ones from invading from the other states or regions, and that the military in the public armed forces in the administrative power prevent large ones from invading from the other states or regions.
  It is necessary and possible that the judicial power, according to the law, holds courts, leads trials, and judges innocence or guilt and punishments when guilty.
  It is necessary and possible that the administrative power, according to the law and the decisions by the judicial power, administer the punishments.
  In summary, the functions of a public power protecting liberal rights are as follows.

→The fundamental law like constitution provides liberal rights, the democratic systems, the systems separating powers, and the rule of law.
→The legislative power, according to the fundamental law, provides the details of liberal rights, provides the violations of them as crimes, and provides the punishments when guilt.
→The civil officers in the administrative power, according to the law, restrain the public armed force.
→The administrative power, according to the law, restrains the powers from violating them, and brings suspects to trials.
→The public armed force functions.
→The judicial power, according to the law, holds courts, leads trials, and judges innocence or guilt and punishments.
→The administrative power, according to the law and the decisions by the judicial power, administers the punishments.
→The public armed force is restrained by civil officers in the administrative power, the legislative power, and the judicial power. The public armed force is separated into the police and the military, and they restrain each other. The administrative power is restrained by the legislative and judicial powers.

  It is necessary and possible that democratic systems, separation of three powers, and the rule of law are applied strictly to the part of a public power protecting liberal rights. Shortly, the functions of a public power protecting liberal rights are the functions from liberal rights, democratic systems, separation of three powers, and the rule of law to the public armed force. Accordingly, the functions of a public power protecting liberal rights is also called the "System of Rule of Law" in these books.

THE FUNCTIONS OF A PUBLIC POWER MAINTAINING DEMOCRATIC SYSTEMS, SEPARATIONS OF POWERS, AND THE RULE OF LAW

 Democratic systems, separations of powers, and the rule of law are systems which not only protect liberal rights but also maintain themselves. For example 1, the legislative and judicial powers restrain the administrative power from neglecting democratic systems and from running wild. For example 2, the judicial power reviews unconstitutional legislation and protects the rule of law. For example 3, general citizens can change the members of the legislative power or the chief of the administrative power through election. In such ways, democratic systems, separations of powers, and the rule of law are functions which both protect liberal rights and maintain themselves. That is, the functions of a public power protecting liberal rights and those maintaining democratic systems, separations of powers, and the rule of law are much the same.

THE FUNCTIONS OF A PUBLIC POWER SECURING SOCIAL RIGHTS

  In contrast to the part protecting liberal rights, though it is necessary and possible that the fundamental law like constitution provides social rights, it can provide not their details but only outlines.
  In addition, the legislative power can provide the outlines of social rights and not only cannot but also should not provide their details and the ways to secure them. For example, if anybody provided by law the values of promotion or restriction for the economy, they will change in a few weeks. In addition, if anybody provided by law the values of restriction for the preservation of the nature, the values will turn out to be easy in a few years. It is necessary and possible that such values and the concrete ways are estimated, developed, or changed depending on the circumstances by some specialists, insiders or outsiders, on the basis of science and technology.
  And, it is necessary and possible that the administrative power involving such specialists research and carry out the policies for the security of social rights.
  In the functions of a public power securing the social rights, the most necessary and largest functions are the authorities to intervene in and regulate private enterprises, the ability to coordinate labor and management, the financial and human powers to construct and to maintain social structures, those to promote the welfare, those to provide children with minimum education, the authorities to regulate the destruction of the nature, and science and technology to research and carry out such functions. It is necessary and possible that the administrative power has such functions.
  After all, in the administrative power, the public armed forces including the police and military and the functions controlling them are functions protecting liberal rights, and most of the other functions are functions securing social rights. In such ways, excluding such functions as will be explained later, the administrative functions can clearly be separated into the functions protecting liberal rights and those securing social rights.
  Though the judicial power can point out the neglect of the security of social rights by the administrative part securing social rights, such a function as points it out occupies only a small part of its functions, and most of them are concerned with the protection of liberal rights.
  However, when some individuals or enterprises do not comply with regulations, how the functions securing social rights can deal with them? While the functions protecting the liberal rights have their own power of the public armed force, the functions securing the social rights have their own power to stop or to propose to stop the services or the permissions which they have provided. For example, when some enterprises do not comply with the regulation, they can stop the supplies or permissions of ports, water, gas, electricity, information, and so on or the business permissions themselves which they have provided the enterprises. When some individuals abuse some welfare, they can stop all the welfare that they have provided the individuals. Such stops lead to the end of enterprises and the difficulty in lives, and are enough sanction and power. In such ways, the functions securing the social rights have their own power to stop or to propose to stop the services or the permissions which they have provided, and they hardly need public armed force or trials.
  Powers to stop or to propose to stop services or permissions are contrastive to armed forces. While the latter are powers when they function or propose to function, the former are powers when they stop functioning or propose to stop functioning.
  In summary, the functions of a public power securing social rights is as follows.

→The fundamental law like a constitution provides social rights only in outline.
→The legislative power provides social rights and the ways to secure them only in outline.
→In the administrative power, the authorities to regulate the enterprises, the ability to coordinate labor and management, the financial and human powers to construct and to maintain social structures, those to promote the welfare, those to provide children with minimum education, the authorities to regulate the destruction of the nature, and science and technology to research and carry out such functions.
→The judicial power point out the neglect of the security of social rights.
→In the administrative power, powers to stop or to propose to stop the services or the permission which they have provided.
  In such ways, the administrative power occupies most of the functions securing social rights. It is unnecessary, impossible, and unsuitable to apply separation of three powers and the rule of law strictly to the functions securing social rights. Flexible science and technology are necessary, possible, and suitable. Moreover, they have their own powers to stop or to propose to stop the services or the permissions and hardly need the public armed force or trials. Accordingly, the functions of a public power securing social rights is also called the "System of Rule of Human Beings" in these books.

DIVISION OF HUMAN RIGHTS INTO LIBERAL RIGHTS AND SOCIAL RIGHTS

  Let us come back to human rights. The right to exist in general aside, almost all of the human rights can be separated into liberal rights and social rights, and the key to the division is as follows. When it is possible that an individual's existence and functions are restrained by some powers, and the possibility of their being restrained gets smaller by some public powers' restraining the restraining powers, the right to seek the existence and functions is a liberal right. In contrast, when it is hardly possible that an individual or group's existence and functions are maintained or promoted without any public powers, and the possibility of their being maintained or promoted gets larger by some powers' doing something, the right to seek the existence and functions is a social right. For example, when an individual's life is about to be violated by some other individuals or groups' violence and is protected by the administrative power's restraining the violence, the right to seek such a life is a liberal right, more closely, freedom of life and body. In contrast, when a family's lives are in danger from lack of food and water and are saved by the administrative power's supplying them or money, the right to seek such lives is a social right, more closely, right to live in a narrow sense. The right to bring some damages from some private powers and the compensation of them to the judicial power is to ask some public ones to restrain the private ones, and so it is included in liberal rights. The right to bring some damages for the negligence of the administrative power to the judicial power is to ask the administrative power to perform some positive activities contrary to the negligence, and it is included in social rights. The right to demand the welfare supply for the minimum lives of the administrative power is included in social right. The right to demand the provision of the minimum wage of the legislative power is included in social rights. When some publication is suspended by the administrative power, the right to bring the stop of the suspension to the judicial power is to ask the judicial power to restrain the administrative power, and so it is included in liberal rights. When the human rights are looked through in such a way, the rights which are not separated into any liberal rights or any social rights are the right to exist in general, that to make the protection of the liberal rights and the security of the social rights go together, that to vote, that to establish and maintain the democratic systems, and so on.

DISTINCTION OF PURPOSES OF A PUBLIC POWER

  The distinction of purposes, ideals, and so on of a public power is not as important as the separation of its functions and groups. However, the more clear each of the purposes of separated powers gets, the more intensely general citizens can restrain them, and they can restrain one another. However, purposes should not tie powers so tightly that their functions go rigid. In addition, purposes should not be set so narrowly that some blanks of functions emerge. Accordingly, the purposes of separated powers will be set as follows.
  As was explained earlier, in the part of a public power protecting liberal rights, the systems of democratic ones, separations of powers, and the rule of law need to function strictly. Protecting liberal rights anyway can lead to autocracy or despotism. The part of a public power protecting liberal rights need to do so by means of these systems. These systems are functions which not only protect liberal rights but also maintain themselves. These systems need to function not only in the part protecting liberal rights but also in the other parts of a public power. Accordingly, these systems are not only means but also purposes. Nevertheless, these systems are closely related to liberal rights. Accordingly, the purpose of the part of a public power protecting liberal rights need to be set as protecting liberal rights and maintaining democratic systems, separations of powers, and the rule of law.
  In contrast, to the part of a public power securing social rights, democratic systems need to function enough, but separations of powers and the rule of law do not need to function strictly. In addition, this part needs to function for international cooperation, diplomacy, national defense, the security of the right to existence in general and the total abolition and prevention of totally destructive means which was explained in "existence and liberty", and so on. Accordingly, the purpose of the part of a public power securing social rights needs to be set as securing social rights and responding to the modern society flexibly.
  As a result, it turns out that the purpose of the part of a public power protecting liberal rights and that of the part securing social rights cover all the purposes of a public power, and that they are distinguished clearly.

CLEARNESS OF SEPARATION

  In such ways, the separation or distinction of human rights and the functions and purposes of a public power are clear and comprehensible to most of the individuals older than fifteen years including the civil and military officers in administrative power, the representatives in the legislative power, and the judges in the judicial power. Such clearness is one of the ways to separations of powers.

THE SEPARATION OF THE GROUPS OF A PUBLIC POWER INTO THOSE PROTECTING LIBERAL RIGHTS AND THOSE SECURING SOCIAL RIGHTS

  In contrast to functions, rights, and purposes, not all the groups of any public power can clearly be separated into those protecting liberal rights and those securing social rights. For example, the supreme court is only one in a state, and it can not only protect liberal rights by deciding innocence or guilt or punishment when guilty but also secure social rights by pointing out the negligence of the promotion of the welfare by the administrative power. The chief of the administrative power is only one in a state and can not only secure social rights by regulating enterprises, promoting the welfare and education, and regulating the destruction of the nature but also violate or protect liberal rights by controlling the police or the military. The financial department is only one in a state, and can not only secure social rights by cutting the useless in social structures but also protect liberal rights by cutting the same in the police or the military. It seems that such groups in a public power cannot be separated into the groups protecting liberal rights and those securing social rights clearly.
  However, the groups composing the legislative power are not always one. Most of the states have adopted bicameral systems, and the legislative power has consisted of two houses. It is possible that one of the two houses in such bicameral systems becomes a group protecting liberal rights and the other group a group securing social rights. In addition, the administrative power in every state has already been separated into some departments, and a lot of such departments are separated into the groups protecting liberal rights and those securing social rights. For example, the police are included in the groups protecting liberal rights. The department to try to stabilizing the economy, that to regulate the enterprises, that to promote the welfare, that to promote education, and that to regulate the destruction of the nature are included in the groups securing social rights. In addition, in the judicial power, each court is independent of one another. It is possible that most of the courts become groups protecting the liberal rights in the traditional way and some of them become groups securing the social rights in a new way. Then, it is the chief, his or her colleagues, the diplomatic department, financial one, tax one, and so on in the administrative power that remains still to be separated.
  In such a way, not only most of the functions of a public power can be separated into those protecting the liberal rights and those securing the social rights, but also a lot of groups in a public power are separated into those protecting liberal rights and those securing social rights. The concrete ways to separate the groups will be explained later.

THE NECESSITY OF DIVIDING THE PUBLIC POWER INTO THE PART PROTECTING LIBERAL RIGHTS AND THE PART SECURING SOCIAL RIGHTS

  Let us combine such functions and groups, look upon such combination as a public power, and use the words of parts of a public power, again.
  In the above ways, it is possible to separate a public power into the part protecting the liberal rights and the part securing the social rights. Then, is it necessary to separate any public power into such parts?

INCREASING PUBLIC CLEARNESS AND EFFICIENCY AND DECREASING PUBLIC COST AND TAX

  A public power which is separated too much is complicated and is not clear for the individuals inside and outside the power. That is, separating a public power too much decreases the clearness of a public power and cause a confusion in democratic systems and separations of powers. In addition, separating a public power too much decreases public efficiency and increase public cost and tax. In contrast, the part protecting liberal rights and the part securing social rights are only two, and the separation into the two does not decrease the clearness or efficiency or increase the cost or tax.
  Above all, an administrative power which is separated too much decreases the public clearness and efficiency and increases the public cost and tax. In contrast, for example, as may be extreme, it is necessary that the administrative power is separated into the part protecting liberal rights and the part securing social rights, that is, only two. Again, though the example is extreme, such division as is close to it is necessary to increase the public clearness and efficiency and to decrease the public cost and tax.

DOUBLE CIVILIAN CONTROL OVER PUBLIC ARMED FORCE

  The public armed force in the public power in each state has been the strongest and most direct of all the powers, and it has been the most necessary to restrain them. The public armed force can be restrained also by democratic systems, separation of three powers, and the rule of law. However, such systems have been not enough. Accordingly, it is necessary and possible that each public power is separated into the part protecting the liberal rights and the part securing the social rights, and that not only democratic systems, separation of three power, and the rule of law in the former but also by the latter, above all, its own power to stop or to propose to stop services or permissions which were explained earlier restrains the public armed forces. For example, even if the police or the military run wildly by them or by others, the part securing social rights can weaken them by stopping the supply of electricity, gas, water, information, and so on. Though the public armed force may endeavor to hold the facilities supplying them, the increase of such endeavor can restrains the public armed forces from running wildly.
  In addition, it is necessary and possible that such different powers as the powers of traditional democratic systems, separation of three powers, and the rule of law and the power to stop or to propose to stop services or permissions do not interrupt each other and restrain the public power efficiently.
  Moreover, it is necessary and possible that the public power in each state are separated into the part protecting liberal rights and the part securing social rights, and that the public armed force is controlled dually by both the parts. In addition, in the former, it is necessary and possible that the traditional democratic systems, separation of three powers, and the rule of law function, in the latter, it is necessary and possible that its own power which were explained earlier functions, and it is necessary and possible that such different powers restrain the public armed force efficiently without interrupting each other. This is the "Double" civilian control over public armed force.

PREVENTION OF DEVIATION OF A PUBLIC POWER FROM SOCIAL RIGHTS

  As was explained earlier, it is possible that the chief or his or her colleagues in the administrative power, by displaying such purposes as security of social rights, existence of all of the living things or human beings, control the public armed force totally, restrict and violate the liberal rights which do not need to be restricted even for such purposes, destroy the democratic system, the systems separating powers, and the rule of law, and run wildly to autocracy, despotism, or so. This is the deviation of a public power from social rights. Such were not new happenings but experienced in the twentieth century as autocracy, old communism, totalitarianism, and so on.
  However, we have not resolved class struggle, economic inequality, contradictions of capitalist economy, and so on yet. Communism, socialism, and so on can revive from now on, and some parts of them are necessary. However, if they are necessary, they are so in the part of a public power securing social rights, and they are not only unnecessary but also unfit in the other part.
  In addition, from now on, it is possible that a kind of totalitarianism for the purposes of preserving the nature, securing the existence of living things, and so on emerges. Such never function for the purposes of our existence and the security of the right to exist in general, as was explained in "OUR-EXISTENCE.NET".
  In addition, from now on, it is possible that a kind of totalitarianism displaying the pretext of the preservation of the nature, the existence of the whole of the living things or human beings on the earth, and so on emerges. However, such a kind never functions for the purposes of our existence and the security of the right to exist in general, as was explained in "OUR-EXISTENCE.NET".
As was explained in "EXISTENCE AND LIBERTY", such are never for our existence, security of social rights, or liberty. In order to prevent such deviation of a public power from social rights, it is necessary and possible that each public power in a state is separated into the part protecting liberal rights and the part securing social rights, that the legislative part, the police, and the judicial part in the former restrain the latter, above all, the chief of the administrative power and his or her colleagues.

PREVENTION OF BRIBERY FROM AND ADHESION TO ENTERPRISES

  The bribery from and adhesion to enterprises can occur more in the part of a public power securing social rights than in the part protecting the liberal rights. In order to prevent such bribery and adhesion, it is necessary and possible that each public power is separated into the part protecting liberal rights and the part securing social rights, and that the legislative part, the police, and the judicial part in the former restrain the latter.

THE POINTS TO RESTRAIN OR TO PROMPT

  In the modern society, the individuals and groups need to restrain the part of a public power protecting liberal rights and need to prompt the part securing social rights. However, when they are not separated, it is difficult to restrain the former and to prompt the latter. In contrast, when they are separated, it get easier to do so. For example, when the welfare has not been promoted, only the latter can be prompted. When the welfare has been promoted exceedingly and the taxes are heavy, the wastes of the latter more than of the former can be restrained.

SUMMARY

  On those grounds, it is not only possible but also necessary that the public power in each state is separated into the part protecting liberal rights and the part securing social rights.
  Now, let us seek the concrete ways to separate each public power into the two parts.

CONCRETE WAYS TO SEPARATE A PUBLIC POWER INTO THE PART PROTECTING LIBERAL RIGHTS AND THE PART SECURING SOCIAL RIGHTS

THE DISTINCTION BETWEEN THE FUNCTIONS AND THE GROUPS

  As was explained earlier, it is important to distinguish between the functions and groups, and not only the former but also the latter are important. But, when they are always distinguished, the sentences will be complicated. Accordingly, the words "parts" designate either of them. But, when it is very necessary to distinguish between them, such words will be used.

RELATION BETWEEN THE SYSTEM SEPARATING POWERS AS WILL BE EXPLINED IN THIS BOOK AND THE TRADITIONAL SEPARATION OF THE THREE POWERS

  The relation between the system separating powers as will be explained in this book and the traditional separation of the three powers will be explained briefly before the concrete ways are explained.
  In the part of a public power protecting the liberal rights, it is necessary and possible that it is separated strictly into the three powers of the legislative part(1), administrative part(2), and the judicial part(3), and that the first(1) and the third(3) restrain the second(2) intensely. In the administrative power, it is necessary and possible that the administrative part securing social rights are restrained faintly, and that the administrative part protecting liberal rights are restrained intensely. In the part of a public power securing social rights, it is necessary and possible that the administrative part, that is, the administrative part securing social rights is prompted and maintained by intense democratic systems and by faint separation of the three powers and rule of law. In such ways, the traditional separation of the three powers and the system separating powers as will be explained in this book overlap.
  Now, let us seek concrete and close ways.

SEPARATION OF LEGISLATIVE POWER INTO THE PART PROTECTING LIBERAL RIGHTS AND THE PART SECURING SOCIAL RIGHTS

  As was explained above, though the legislative power cannot and should not provide the details of the social rights and the ways to secure them, it needs to and can provide the outlines of the rights and ways. Above all, how to allot financial and human powers to various parts of human lives occupy much of the discussion and decision about budgets. It is necessary and possible that the legislative power discuss and decide such budgets.
  As was explained above, almost all of the functions in each public power can be separated into the functions protecting liberal rights and the functions securing social rights. The legislation, which is a function, also can be separated into the two. For example, as was enumerated again and again, the provision of the violation of a liberal right as a crime is a function protecting them, and such allotment of a budget as was explained above is a function securing social rights.
  Moreover, not only the functions but also the groups of each legislative power can be separated into the group protecting liberal rights and that securing social ones. Many states adopt bicameral systems in the modern world. However, because the two houses have gotten similar, most of the systems do not function. It is necessary and possible that one of the two houses in such a bicameral system becomes a group having the main purpose of protecting liberal rights and maintaining democratic systems, separations of powers, and the rule of law, and that the other becomes a group having the main purpose of securing social rights and responding the modern society flexibly. In each of the states where there are a "Upper House" or so and a "Lower House" or so, it is necessary and possible that the upper becomes the former, and that the lower becomes the latter. They have become so actually and partially in some states.
  Because it is necessary and possible that both its functions and groups are separated, it is necessary and possible that the legislative power in each public power is separated into the part protecting liberal rights and the part securing social rights. When the legislative power in a public power is separated into such parts, the former is also called the "Legislative Part" Protecting Liberal Rights or the Part of a Legislative Power Protecting Liberal Rights, and the latter is also called the Legislative Part Securing Social Rights or the Part of a Legislative Power Securing Social Rights in these books. The details will be explained below.
  The fundamental law like constitution needs to and can provide that the main purpose of the former be the protection of liberal rights, the maintenance of democratic systems, separations of powers, the rule of law, and that that of the latter be the security of social rights and the flexible response to the modern society. In addition, it needs to and can provide the following.
  As to the legislation concerning the liberal rights, democratic systems, separations of powers, the rule of law, the legislative part protecting liberal rights needs to and can be given priority to. As to the legislation concerning social rights and the flexible reaction to the modern society, the legislative part securing social rights needs to and can be given priority to. As to the former, it is necessary and possible that the former decides earlier, and that the former decision becomes law when the latter decide differently and when the former decide, for example, more than two-thirds again. As to the latter, it is necessary and possible that the latter decides earlier, and that the latter decision becomes law when the former decide differently and when the latter decide, for example, more than two-thirds again.
  As was explained above, the distinction between the legislation concerning the former and that concerning the latter is clear. Most of the members of the two parts can understand the distinction. When the majority of one part pretend not to understand the distinction, the other part needs to and can reject by more than two-thirds and invalidate such legislation. When both of the parts pretend not to, the judicial power need to and can invalidate such legislation through the appeal by the chief of the administrative power.
  Including the above case, it is probable that one of the two parts legislates against its own purpose or the other's purpose. Above all, it is the worst that the part protecting liberal rights legislates against liberal rights, democratic systems, separations of powers, or the rule of law. In such cases, the other part needs to and can reject by more than two-thirds and invalidate such legislation. When both of the parts do that, the judicial power need to and can invalidate such legislation through the appeal by the chief of the administrative power.
  In a presidential system, the chief of the administrative power, that is, the president or so is elected by general electors. In a parliamentary system, that chief, that is, the prime minister or so is elected and appointed by the legislative power. In the latter, which of the two legislative parts should elect and appoint that chief? It is necessary and possible that both of the parts elect and appoint him or her, and that in the case of different appointments the appointment of the legislative part securing the social rights become the appointment of the legislative power. That is because the part securing social rights occupies much of the administrative power, because the possibility that the individual elected by the legislative part securing social rights is a specialist for the security of the social rights is larger, because the possibility that such a specialist is a civilian or a civil officer, and because the possibility that he or she controls the public armed force completely and run wild is smaller.
  Let us look into the electoral systems. In the part of a legislative power securing social rights, because the rule of human beings occupies much of the part, political parties, large districts, proportional representation, and comparatively a lot of representatives are necessary and possible. In contrast, in the part of a legislative power protecting liberal rights, no political parties, small districts, no proportional representation, and comparatively a few representatives are necessary and possible. Though it is difficult to exclude political parties completely, more independents need to be elected and the possibility gets larger.
  Anyway, by separating the legislative power into the part protecting liberal rights and the part securing social rights, the general electors distinguish the candidates suitable for each of the parts and elect them. Simply, the strict are suitable for the former, and the flexible are suitable for the latter.
  Above all, as to the published policies, that is, manifests in elections, when they are separated, each of the policies protecting liberal rights and those securing social rights can be literally manifest to the general electors, and they can select the suitable ones for each of the liberal rights and the social rights.
  As to the public cost and tax, because the legislative power is separated into only two parts, the separation does not cause the increase of the public cost and tax when compared with traditional bicameral systems.

SEPARATION OF THE PUBLIC ARMED FORCE INTO THE POLICE AND THE MILITARY

  Again, public armed forces are direct and the strongest ones of all the powers that can violate liberal rights and destroy democratic systems, separations of powers, and the rule of law. Accordingly, we need to pay the most intense attention both to their running wild by and for themselves and to their being abused by some others. At the same time, they are direct powers to protect liberal rights. In addition, the groups of the public armed force have already been separated into the police and the military. Is it necessary and possible that both of them are included in the part of a public power protecting liberal rights?
  It is necessary and possible that the police are included in the part of a public power protecting liberal rights, that in it they are strictly restrained by traditional democratic systems, separations of powers, and the rule of law, and moreover that they are laid under and controlled by the legislative part protecting liberal rights which was defined earlier. In addition, it is necessary and possible that the chief or main officers of the police are elected and appointed by that legislative part or a committee in it. In addition, a committee in it can decide the policies concerning the police. In addition, in the part of a public power protecting the liberal rights, it is necessary and possible that the traditional democratic systems, separations of powers, and the rule of law function strictly, and that they restrain strictly the police and that legislative part. In addition, it is necessary and possible that while that legislative part or a committee in it elects and appoints the chief of the prosecution who has a legal specialty, they are independent of and restrain each other.
  How about the military? Not only for the purpose of protecting the liberal rights but also for all the purposes including those in the international society or world, the functions of the military need to be limited to the protection of its own state, after all, that of the liberal rights of the citizens in its own state. Accordingly, ultimately, it is necessary that the military is included in the part of each public power protecting the liberal rights. However, it is ultimately that it is so.
  Prevention of war, collective violence, and so on, disarmaments, and the total abolition and prevention of totally destructive means which was defined in "EXISTENCE AND LIBERTY" are still to be dealt with both in each state and in the international society or the world. It is the chief of the administrative power and the diplomatic department that can deal with them actively. On this ground, it is necessary and possible that the chief of the administrative power controls the military in the traditional way. In addition, it is necessary and possible that the legislative and judicial powers restrain the chief of the administrative power and the military in the traditional way. Moreover, the legislative part protecting liberal rights which was defined earlier needs to and can restrain them. That is because the fundamental function of the military is protecting liberal rights of the citizens in its own state.
  Above all, it is the most dangerous to unify the police and the military which have already been separated. Moreover, it is also dangerous to let one part of a public power control both of them. When the public armed force is separated into the police and the military, and when each of them is restrained by each of the separated parts of a public power, we can restrain them from colluding and can restrain each of them from running wild and being abused.
  When the police and the military are separated, the possibility of their fighting gets larger. However, their fights are better than the collusion between them or the abuse of both of them and their result.
  In addition, it is necessary that the injustice by the military, the adhesion of it and munitions industry, that is, what is called "military-industrial complex", that of it and violent groups, and so on are investigated by the police and accused by the prosecution, which gets more possible by the police and the military's being separated and by each of them's being controlled by each of the separated parts of a public power. In addition, it is necessary and possible that the police are included in the part of a public power protecting liberal rights, and that the injustice by the police and the adhesion of it and enterprises, violent groups, and so on are restrained and supervised by traditional democratic systems, separations of powers, and the rule of law, above all, by the legislative part securing liberal rights which was defined earlier. In addition, the injustice by the civil officers in the administrative power and the legislative part securing social rights and adhesion of them and enterprises are investigated by the police and accused by the prosecution, which gets more possible by the police's being controlled not by the chief of the administrative power but by the legislative part protecting liberal rights.
  In addition, in order to prevent the chief of the administrative power from controlling the public armed force completely and running wild displaying the pretext of the security of social rights or something similar to it, that is, a deviation from social rights as was explained earlier, it is necessary that the public armed force which the chief can control are weakened and restrained by some others, and that the chief himself or herself is restrained by some others. Such restraint gets more possible by the public armed force's being separated, by the police's being controlled by the legislative part protecting liberal rights and so the chief's losing them, and by the chief himself or herself's being restrained not only by traditional democratic systems, separations of powers, and the rule of law but also by that legislative part.
  In contrast to the abuse of the public armed force, its running wild by and for itself can be prevented in the following way. As was explained earlier, the part of a public power securing social rights, above all, its administrative part has the power to stop or to propose to stop the services or permissions which it has provided which is proper to it. This power is clearly known to this part, above all, its administrative part by the separation of a public power into the part protecting liberal rights and that securing social rights. This part, above all, its administrative part can restrain the military and the police by its own power which it has clearly known in such a way. For example, when the military run wild, its administrative part can stop the electricity and information which it has provided. In addition, traditional democratic systems, separations of powers, and the rule of law can restrain the police and the military in the traditional way. Above all, the legislative part protecting liberal rights is generated by the separation of a public power into the part protecting liberal rights and that securing social rights, this legislative part controls the police and can restrain the military with the police which it have controlled. In addition, it is necessary and possible not only that the chief of the administrative power appoints and dismiss the chief or main officers of the military but also that the legislative part protecting liberal rights dismiss them. Those are the double civilian control over the public armed force by the part of an administrative power securing social rights and that of a legislative power protecting liberal rights.
  Then, what remain unsupervised are the legislative part protecting liberal rights and the judicial power. However, the possibility that they commit injustice is the smallest. That is because they share few interests with private enterprises, violent groups, and so on. In addition, they are physically and financially the weakest of all the powers. In addition, they need to be independent of any powers. Above all, they are restrained while ensured such independency by traditional democratic systems, separations of powers, and the rule of law.
  On those grounds, it is necessary and possible that the public armed force of each public power is separated into the police and the military, that the police are included in the part of a public power protecting liberal rights, that in it they are restrained strictly by traditional democratic systems, separations of powers and the rule of law, and moreover that they are laid under and controlled by the legislative part protecting liberal rights. In addition, it is necessary and possible that this legislative part selects and appoints the chief or the main officers of them and decides the policies concerning them. In addition, in the part of a public power protecting liberal rights, it is necessary and possible that traditional democratic systems, separations of powers, and rule of law function strictly, and that they restrain the police and the legislative part protecting liberal rights and its committees.
  In contrast, it is necessary and possible that the military are not completely included in the part of a public power protecting liberal rights. In addition, in the traditional ways, it is necessary and possible that it is laid under and controlled by the chief of the administrative power, and that it and this chief are restrained by the legislative power and the judicial power. Moreover, it is necessary and possible that the military and the chief of administrative power are restrained by the legislative part protecting liberal rights with the police which it has controlled, and that this legislative part has the authority to dismiss the chief or main officers of the military.

THE GENRAL PART OF AN ADMINISTRATIVE POWER

  It is necessary and possible that the functions and the groups of the police are included in the part of a public power protecting liberal rights. In contrast, though the functions of the military are included in this part, it is necessary and possible that the groups are not completely included in this part.
  In such a way, each of the parts of an administrative power which is not completely included one of the part protecting liberal rights and the part securing social rights is also called a "General Part" of an administrative power in these books.

SEPARATION OF THE ADMINISTRATIVE POWER INTO THE PART PROTECITING LIBERAL RIGHTS, THE PART SECURING SOCIAL RIGHTS, AND THE GENRAL PART

  Except for the public armed forces as were explained earlier, a lot of administrative functions and groups, that is, powers are included in the part securing social rights or the general part. The part regulating and stabilizing the economy, the part constructing and maintaining the social structures, the part coordinating labor and management, the part promoting the welfare, the part promoting education, the part regulating the destruction of the nature are included in the part of an administrative power securing social rights. They are also called the "Administrative Part Securing Social Rights" or the Part of an Administrative Power Securing Social Rights in these books.
  In each of most of the modern states, this part occupies much of the public budget, finance, and tax. As is serious, separating this part too much have caused the increase of public cost and tax, the decrease of the administrative efficiency and clearness, the increase of bribery from and adhesion with the enterprises. In order to solve such problems, it is necessary that the administrative part securing social rights is separated into as few parts as possible, and it gets possible by the distinction of this part.
  If communism or socialism is necessary, it needs to be applied only to the legislative parts securing social rights, and it does not need to and should not be applied to the other part of an administrative power or the public powers other than the administrative one. Also in order to prevent such misapplication, this part needs to be distinguished clearly.
  Except for the public armed forces, when the administrative power is looked through, the parts which cannot be included in the administrative part securing social rights are the chief of the administrative power and his or her periphery, general, diplomatic, financial, and tax parts. They are the general parts of the administrative power.
  Except for the public armed forces, it is necessary and possible that the part securing social rights and the general part of an administrative power have high science and technology about their functions.
  In addition, in the traditional ways, it is necessary and possible that the part securing social rights and general part of the administrative power are laid under and controlled by the chief of the administrative power, and that the legislative power and the judicial power restrain these parts and the chief. In addition, it is necessary and possible that the legislative part protecting liberal rights which was defined earlier restrains these parts and the chief. Above all, against their bribery from and adhesion to enterprises, it is necessary and possible that they function intensely.
  In addition, it is mainly the administrative part securing social rights that have the power to stop or to propose to stop services or permissions which is explained earlier. By the distinction of this part, this power is clearly known to this part, is strengthened, and restrains the public armed force intensely.
  In addition, the collusion between the military and enterprises, that is, what is called military-industrial complex needs to be restrained. This restraint gets more possible by the separation of the military and the administrative part securing social rights and by the collusion's being not only investigated by the police controlled by the legislative part protecting liberal rights and accused by the prosecution but also restrained by this administrative part.

THE SEPARATION OF THE JUDICIAL POWER INTO THE PART PROTECTING LIBERAL RIGHTS AND THE PART SECURING SOCIAL RIGHTS

  The chief of the judicial power does not need to be only one. The number of its chief can be an odd number. More than one chief of the judicial power is included in its chief in these books.
  In order to ensure the independence of the judicial power, it is seemingly ideal that general electors elect its chief. However, too many elections increase burdens on electors and public costs and taxes. In order to ensure the independence of the judicial power, it is necessary and possible that not the chief of the administrative power but the legislative part protecting the liberal rights elects and appoints the chief of the judicial power. That is because most of the functions of the judicial power are to protect liberal rights, because the legislative part protecting liberal rights and the judicial power share most of the functions and purposes, because they share few interests with the other powers, and because they are physically and financially the weakest, as was explained earlier.
  However, the judicial power needs to review the unconstitutional legislation. Most of the provisions of the fundamental law like constitution are provisions of the liberal rights, the democratic systems, separations of powers, and the rule of law. Accordingly, the legislative part protecting liberal rights can cause unconstitutional legislation more often than that securing social rights can. The judicial power needs to review the unconstitutional legislation more often by the former than by the latter.
  On those grounds, it is necessary and possible that the legislative part protecting the liberal rights elects and appoints the chief of the judicial power, but that the chief of the administrative power or the legislative part securing the social rights has the authority to reject the appointment.
  Most trials are criminal and civil ones. As was explained earlier, most crimes are to violate liberal rights like the freedom of life and body, that of private property, and so on, and so most criminal trials are concerned with liberal rights. In addition, most civil trials are concerned with the liberal rights of the weak and those of private property. Accordingly, most of the functions and purposes of the judicial power are to protect liberal rights. However, the negligence of the security of social rights by the administrative part securing them is sometimes brought to trials in the modern society. Such trials concerning the security of social rights are very different from the traditional trials concerning the protection of liberal rights, and some special judges for the former are necessary.
  In addition, each of most courts and judges has already been independent of the other ones including the supreme one and its chief.
  On those grounds, except for its chief, it is necessary and possible that the judicial power is separated into the large traditional judicial part protecting the liberal rights and the small modern judicial part securing the social rights, that the former is included in the part of a public power protecting liberal rights, and that the latter is included in the part securing social rights.
  The jobs of its chief include distinguishing and separating the judges into the traditional ones for the former and the modern ones for the latter. It is necessary and possible that the chief of the judicial power is included in the general part of a public power. By the way, the buildings of courts do not need to be separated. It causes no disorder that different judges leads different trials in the same room in the same building at different hours, and this causes no increase of the public cost and tax.

TABLE

  Those make the following table.

Each public power The legislative power The administrative power The judicial power
The part protecting the liberal rights The legislative part protecting the liberal rights The police The judicial part protecting the liberal rights
The part securing the social rights The legislative part securing the social rights The part excluding the police and the general part The judicial part securing the social rights
The general part Nothing The chief
The general part
The diplomatic part
The financial part
The tax part
The chief
The general part paid attention to The military

SEPARATIONS OF POWERS FOR THE SECURITY OF THE RIGHT TO EXIST IN GENERAL

THE RIGHT TO EXIST IN GENERAL

  What will be explained in the following two sections overlaps much with what was explained in the chapter "THE RIGHT TO EXIST IN GENERAL" in the book "EXISTENCE AND LIBERTY".
  The ultimate desire, which is desires to abolish and prevent totally destructive means and to exist until the drastic change of the earth, the sun, or so while reducing pain as in general as possible, is also a desire of each of us who lives at present. The pain of the anxiety and fear about the ultimate desire's being unsatisfied, that is, the anxiety and fear about a lot of pain and about the extinction of living things including Self and its family's death is serious. Also, those who suffer such pain include each of us who lives at present. On these grounds, it is a right for each of us to satisfy the ultimate desire. The right for each of us to satisfy the ultimate desire is also called the "Right to Exist in General" or the Right to General Existence in these books.
  Human rights are divided into liberal rights and social rights, and this right to exist in general. What is called right to life, right to live, right to exist, or right to existence is included in social rights. Liberal rights are rights of individuals at the then present. Social rights are rights of individuals and groups like families, enterprises, and unions at the then present. Because of the above reason, the right to exist in general is rights of individuals at the then present. However, it is probable that there are some claims that it is a right of all of the living things including human beings. However, it is difficult to get this right recognized as a right by claiming the latter. The former needs to be emphasized for it to be recognized as a right. In addition, it is weak to claim that nobody has the right to extinguish all of the living things or human beings. We need to emphasize the pain of the anxiety and fear about a lot of pain and about the extinction of living things including Self and its family's death which each of us at the then present suffer in order to establish the right to exist in general.

OUTLINES OF SECURITY OF THE RIGHT TO EXIST IN GENERAL

  The activities for this right need to be done on the basis of the freedom of speech, that of assembly, and so on which are included in liberal rights.
  First, the fundamental law like constitution in each state needs to provide the right to exist in general. In addition, it need to provide that the public power endeavor to secure this right in the state. Moreover, it needs to provide that the public power endeavor to secure it in cooperation with the other public power in the other states in the international society.
  Second, in each state, we need to arrange the laws and systems which can abolish and prevent totally destructive means, restrain the large scale collective destructive functions like war, collective violence, and so on, and the destruction of the nature.
  Third, though private powers can prompt totally destructive means, large scale collective destructive functions, and the destruction of the nature, it is the public powers that can prompt them the most, and so we need to enlarge and deepen democratic systems, separations of powers, and the rule of law which restrain the public powers.
  Fourth, in the international society or world, some international or world organizations need to be made up, need to provide the above 1st to 3rd in their charters, and need to practice inspection, supervision, and so on, above all, in order to abolish and prevent totally destructive means.
  Fifth, the despotism, corruption, and so on of such international or world organizations need to be restrained, and so we need to seek and arrange some democratic systems, separations of powers, and rule of law on the international or world level.

DETAILS OF SECURITY OF THE RIGHT TO EXIST IN GENERAL

  In order to regulate the research and development of totally destructive means in each state, the part of the public power protecting liberal rights, above all, the police needs to regulate the administrative power and the complexes of it and enterprises, above all, its chief, the military, and the complexes of them and enterprises. That gets more possible by separating {legislative part protecting liberal rights, police, and the judicial power} and {the chief of the administrative power and the military}.
  On the other hand in the international society, the chiefs of administrative powers and diplomatic departments function actively in order to abolish and prevent totally destructive means totally. The separations of powers which have been explained in this book do not hinder their activities.
  Above all, in order not to let holders of powers including public and private ones to research, develop, hold, or use totally destructive means, we need to enlarge and deepen liberal rights, social rights, democratic systems, separations of powers, the rule of law, and so I, the writer of this chapter hope that the separations of powers which have been explained in this book will be a part of the deepening and enlargement of them.

References

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