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by ViktorRay 32 days ago
There actually is another way that the article doesn’t mention.

Separation of power.

https://www.c-span.org/clip/senate-committee/user-clip-scali...

In the above clip, Supreme Court Justice Antonin Scalia mentioned the exact same example that the article mentions. That the Soviet Union’s constitution guaranteed many rights that the Soviet Union never actually gave to the people. He says this is because the Soviet Union had no mechanism to prevent the centralization of power. And when power was centralized into one man (Stalin) or one committee (the Politburo) then the true constitution was really whatever that man said or what that committee said.

So a good mechanism to guarantee freedom, liberty, human rights…is to ensure power remains decentralized and separated into various different groups

1 comments

Separation of powers is what I was thinking too.

That Soviet constitution (like all communist movements that I know of) sounds utopian and unrealistic.

The American Framers, many coming from a worldview that saw humans as inherently sinful and corruptable, built as many safeguards into the system as possible to prevent that human nature from running unchecked.