No man is above the law

In a globalised world, many decisions are dictated by transnational forces over which nations have no control. These are the realities everywhere; constitutional principles and the rule of law have to compete with a myriad of other dynamic forces that shape the direction of society. Not only the ordinary Malaysians, a principal characteristic of civil society is the commitment of the public authorities to observe the law not as a matter of discretion, but as a matter of necessity and commitment. The state’s moral legitimacy in enforcing the law lies in its obedience to the law. Adherence to the rule of law is central to that hypothesis.

Parliamentarians and state assemblymen are supposed to perform important matters of the nation and state. Looking at the 7/5 incident in Perak, one can say that the politicians are more concern with power rather than the respect for the law. The centre of gravity of the august house function seems to reside in the political leaders. Although the executive should have power to do what they seek to do, and where this is so, it is not the function of the courts to deny the power legitimately conferred. Executive power does not lie with the courts. While it is important that the courts develop our own public law jurisprudence, this development must be an informed one. Slandering, lies and accusation against the judiciary and political parties can never be justified for not obeying the law. The people of Malaysia must realise that even the King, Sultans, PM, MB, Speaker and Aduns in exercising their functions must be carried out in accordance with the law. It is high time for us to straighten the bended mindset of the system – the rule of law is supreme.