Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Tuesday, September 29, 2015

John Stuart Mill on the Niqab Affair

Here in his classic On Liberty (1859) John Stuart Mill raises the spectre of not only the “tyranny of the magistrate” but also the “tyranny of the majority” who today oppose the wearing of the niqab during citizenship ceremonies.  This Niqab Affair remains a glaring example of where our prime minister is not abiding by his “rule of law” mantra, and it demonstrates his disregard for the Canadian Charter of Rights and Freedoms when it suits him.  Instead Harper is actively drumming up prejudice against a tiny minority, who, as of now, are being denied basic citizenship rights.

Protection, therefore, against the tyranny of the magistrate is not enough; there needs protection also against the tyranny of the prevailing opinion and feeling, against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development and if possible prevent the formation of any individuality not in harmony with its ways, and compel all characters to fashion themselves upon the model of its own.  There is a limit to the legitimate interference of collective opinion with individual independence; and to find that limit, and maintain against its encroachment, is as indispensable to a good condition of human affairs as protection against political despotism.[1]



[1] John Stuart Mill, On Liberty, ed. Gertrude Himmelfarb (Toronto: Penguin, 1985), p. 63.

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