This governmental usurpation of power from civil institutions comes in direct response to social forces which seek to be sufficiently empowered themselves to limit the power of the state. The whole concept of fundamental rights presumes an obligation on the state not to infringe on certain basic freedoms. This creates a permanent tension between the state and its citizens.
To return briefly to the Kenyan example, the degree of power exerted by these social forces is evident in the state’s reaction. Kuria reports that all private associations save the Law Society of Kenya and the Church have had their autonomy removed. He cites the “deregistration” of social welfare organizations, trade unions, farmer associations, public companies, and cooperatives. Public meetings are allowed by permit only at the discretion of the government. Government officials have banned press vehicles, interrupted lawyer/client consultations, and subjected representatives of these groups to ridicule, intimidation, torture, and detention without trial.17
Similar disintegration of social forces elsewhere further demonstrates the import of civic organizations in the disposition of fundamental rights. Kenya exemplifies the case of post-colonial, newly independent states in which neither human needs nor human rights have effectively been institutionalized *921 in civil structures. Even in states which have a more established history of independence, such as those of Latin America, a loss of legitimacy is manifested which further undermines...
This governmental usurpation of power from civil institutions comes in direct response to social forces which seek to be sufficiently empowered themselves to limit the power of the state. The whole concept of fundamental rights presumes an obligation on the state not to infringe on certain basic freedoms. This creates a permanent tension between the state and its citizens. To return briefly to the Kenyan example, the degree of power exerted by these social forces is evident in the state’s reaction. Kuria reports that all private associations save the Law Society of Kenya and the Church have had their autonomy removed. He cites the “deregistration” of social welfare organizations, trade unions, farmer associations, public companies, and cooperatives. Public meetings are allowed by permit only at the discretion of the government. Government officials have banned press vehicles, interrupted lawyer/client consultations, and subjected representatives of these groups to ridicule, intimidation, torture, and detention without trial.17 Similar disintegration of social forces elsewhere further demonstrates the import of civic organizations in the disposition of fundamental rights. Kenya exemplifies the case of post-colonial, newly independent states in which neither human needs nor human rights have effectively been institutionalized *921 in civil structures. Even in states which have a more established history of independence, such as those of Latin America, a loss of legitimacy is manifested which further undermines...
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