Analyse the system of Government as portrayed by Plato in the laws ?
Ans. In his book 'the Laws' Plato asserted the fundamental principle of sovereignty of laws. He expressed the view that in the second best state law is sovereign and suprepe and the government will all its organs in subordinate to it. No body of magistrates, no council or senate, no assembly, however broad, is above the law. But Plato does not maintain this thesis in the book. The most important reason for the absence of any sovereign body in the government is that the constitution of the sub-ideal stage must be of mixed type. It should be a reconciliation of monarchy with democracy, the principle of knowledge with principle of liberty. A mixed constitution can hardly contain a single sovereign authority.
Platonic State of Laws :
In the Platonic state of laws, the elected authority is a popular assembly. It lects the council and the various executive magistrates. This popular assembly is the whole body of 5,000 citizens, arranged in four classes on the basis of qualification, and the differences in the amount of the property posessed by them. It is compulsory for the first two classes to attend the meetings but for the 3rd and 4th class attendance is optional. No citizen of any class may attend these meetings unless he bears arms and has some through military service. Functions of the Assembly: The function of the Assembly is to elect the guardians of the law and the council. It also elects a number of local officials and generals of the army. The 37 guardians of the law are to be elected by a Triple Ballot. In the first ballot, 300 are elected, in the second ballot 200 are elliminated and only 100 are elected. In the third and final ballot 37 are elected from the hundred candidates who remain.
Election of the Council:
The election of the council is much more elaborate than that of the assembly and the election of 37 guardians. While in the election of the guardians of law the system of classes finds no place, it comes into operation in the election of the council. The council is to consist of 300 members. These members are elected annually. 90 members are elected from each of the four classes. The first stage in the election is selection of candidate. Candidates of different classes are to be selected in different ways. The first two classes are elected by the citizens compulsorily. In electing the third class, the first two classes vote compulsorily. For the fourth class, the first two classes necessarily vote, the other two may vote or abstain. The second stage is the stage of voting. The third and final stage is the election by lot of 90 members from the 180 candidates. In this way, the election to the 360 member council is completed.
Functions of the Popular Assembly:
The popular assembly plays a double part as an electorate and as a judicature but it has no deliberative functions. The functions of the popular assembly may be described as follows:
1) It elects the council.
ii) It elects the local officials of the city and market.
iii) It elects the generals of the army.
iv) It has organizance of public suits against those who have injured the state.
v) Its consent is necessary if any law has to be changed.
vi) It has the power of extending the stay of resident aliens beyond the appointed period of 20 years.
Sub-divisions of the Council;
Plato proposed that the council should be divided into 12 parts. Each of these parts should act for a month as the main organ of the government and the presiding officer in the State. Each division, during its tenure of office, received in audience, foreigners and citizens and resolves the meetings of the assembly, whether it be for election, for justice or for a change in the laws.
Executive Magistrates :
Again each division in its turn, will act in conjunction with the executive magistrates, who are the guardians of the law. The magistrates are 37 in number. They are elected by the assembly for a period of 20 years. At the time of election the age of the magistrate should not be less than 50 years. He must not hold office on attaining the age of 70.