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OUR GOOD DAEMONS

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OUR GOOD DAEMONS

The most dominant element of good laws and of the sustainability of the regime is the disposition (moral attitude) of the establishment, as well as of the subjects, the mentality that is with which power is exercised in mirroring the mentality with which this exercise of power is acceptable by the people. The first is a defining factor, but the second is also a dominant element.

Aristotle writes in Politics (1279a 25): “But in as much as constitution and regime means the same and the regime is the supreme power in the state, and this must be either a single ruler or a few or the many or the mass of the citizens, in cases when the one or the few or the many govern with an eye to the common interest, these constitutions must necessarily be right ones, while those administered with an eye to the private interest of either the one or the few or the multitude are deviations.

Here we have the establishment, those who enact the laws on the one side and the subjects, those persons who follow the laws on the other. Among the subjects we have those who follow the laws without enjoining, and also those who follow the laws fearing the sanctions. When non-enjoined followers are many, while enjoined followers are few the disturbance of legal order becomes harder. This disposition of non-enjoined followers is one of the good daemons which protect the state. The other disposition is that of the rulers expressed in the words ruling for the common interest; this disposition exists when the rulers’ ambition and objective is the fair exercise of power.

As much as anarchy proves non-viable owing to the nature of society the need arises for the presence of an establishment and of a subject. For the creation and maintenance of legal order, the establishment must be free from the element of high-handed, arbitrary acts. High-handedness exists when the establishment does not respect the constitutional order and the laws which she enacts and violates them first while she subdues the subject to its vices, without safeguarding that such obedience on the part of the subject confers any security to the same once the lawful and unlawful depend on the unchecked whim of the establishment. In this instance we have wicked laws.

In the case of Prometheus, his effort was turned towards obliging the establishment to realize that without respecting the subject, it is not possible to expect the respect of the subject towards her. Prometheus made it possible to help Zeus, by helping man to create the balance of mutual respect between the establishment and the subject. This balance of respect between the establishment and the subject is a basic ingredient when we come to live within a human society.

Mutual respect is the third good daemon and the composing together of the former two which exist and are found in the good government of a society.

*See Angelos Vlachos. Athenian Constitution, Page 57.

The Price Of Liberty

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You may read in the internet that people shout: “the price of liberty is the eternal vigilance”. However such vigilance implies we have a perception and consciousness of our rights.

It is important to know on what they are founded on and how far the state has authority to restrict them.*

Therefore, today our rights are founded on our written constitution, on multitude of international treaties, our laws and on the law of necessity. The latter, ius summum, admits that law exists for the sake of society. It is not the society that exists for the sake of law.*

We also know that our Constitution is an octroi, that is it has a rigorous granted character on the one hand, and on the other it has also an intense communalistic character, as Professor S. A. De Smith remarks, saying “constitutionalism has run riot in harness with communalism.” (1964).*

The granted character

The granted character is summarized in the ascertainment it was a result of imposition of the Zurich Agreement. As constitution octroyée, it corresponds to charters that monarchs condescended to grant to their people, and as such it’s not consistent with the new prevailing democratic principles, which constituent powers vest in, exercise done by the people.*

The granted character of this constitution comprises provisions that slipped in the public law of Cyprus at the time of dominatus*. These emanate from the amendments that occurred with the addition, repeal and replacement of existing provisions as a result of the abolition of the national religions, mainly those of the Romans and the Greeks, after the victory and prevalence of the Christians.

These amendments are extant in the Theodosia’ and Justinian Code.* They are common in all Christian countries. The amendment of these provisions is inconceivable. The application of the democratic principle is excluded in Cyprus both for the Greek Community in respect of the former and for the Turkish Community in respect of the principles and laws of the Vakuf (or “waqf”)”as explicitly provided by the respective provisions in Article 110 of the Constitution.* The latter principles and laws came into force upon the conquest of Nicosia in 1570.

The relations between the Mohammedan and non Mohammedan inhabitants of Cyprus were regulated by a further set of institutions on the basis of the ‘creed and the sadacat’, that is the Christian religion and the oath of subjection to the sultan.

The common bond between the Mohammedans and the non Mohammedans is founded on the Old Testament. This nexus served as a platform for the co-existence of the two religious nationalities for four entire centuries.

This practical ‘solution’ constituted the foundation on which the ‘granted’ exercise of individual rights became possible.

The disregard of these fundamental provisions that does not permit the discovery of a better settlement is naïve.

The safeguarding of the Constitution extending to the protection of fundamental rights and liberties, included in Chapter II, of officials upon the undertaking of duties by state officials is left to an affirmation that reads as follows: ….

To be continued

In Memoriam

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Invitation to visit the following exhibition:

(c)2014 STROVOLOS CULTURAL CENTRE, Archbishop Kyprianou Avenue 34, 2099 Strovolos,

(c)2014 Strovolos Cultural Centre,, Archbishop Kyprianou Avenue 34, CY 2099 Strovolos. Worldwide all richts reserved.

Develop Your Power

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Develop Your Power – A Poem by Argyro Toumazou

“Develop Your Power

Create – don’t react

Your thoughts are real powers

Your mind is a transmitter

You broadcast your thoughts

Your mind is a receiver

You receive ideas from all directions

You attract with magnetism

You retain the good magnets

You have a tower of control

You uphold your mind mechanism

Now you know all the laws

Of the thought and of the mind

All the gain is all yours

All the loss you scatter away

Your watchman at the gate

Guards you from mistaken impressions

You are a successful man

You have a successful woman

You cultivate your mind

You achieve your targets

You always think abundance

You express abundance

You keep from going backward

You always keep going forward

You are perfect and strong

You are loving and happy”

 

Argyro Toumazou

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Update 2014-08