No man is above the law

19 05 2009

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.


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8 responses

19 05 2009
anonymous

Oh i c…i thought the PM is above the law by being the manipulator of the system…

19 05 2009
Kingto

Andy,

I noted yr casual conversation that DAP is like Gerakan in the early days, 26 years ago. When I read that LKS is willing to sit down and talk about the Perak impasse, do you foresee that they may be the substitute of your party? Unless you guys still hold some seats there which you dont, there is no bargaining power now except loyalty. That means with few cabinet posts and 4 seats nationawide will not guarantee favourable results on your party if DAP decided to compromise and join BN. Dont say it is not possible as everything is possible in politics. If PM agrees to let them control Penang & Perak, isn’t that is more tempting than partnering wth Anwar? Be very careful as Gerakan may ends up nothing in BN or becomes a sole lone ranger wth no support.

19 05 2009
Warrior

Looking at the whole picture, the problem lies in the people’s perception that Pakatan is still the opposition, thus they especially the energetic youngters and reformists prefer to side them. One must realise that Pakatan is the govt of the few states whereas Bn is the opposition. To them partisanship support to voice a clean and fair govt comes first even if they break the law such as demonstration, defying orders and causing instability. These NGos, activists, Pakatans and even Bar council should deal things professionally and do it in a sensible manner instead.

21 05 2009
Kingto

I agree wt Warrior, for goodness sake, DAP shld stop behaving like the old days opposition, they are the state govt now! By demonstrating, picketing, proteseting, candle-light vigiling etc are not effective measures to help the rakyat, stop wasting time!

21 05 2009
Melayu Boleh

no man above the law?
than find a girl sure can get above that right?

21 05 2009
Leanne

The only way for the supremacy of law prevails is to kill corruption and be fully transparent.

22 05 2009
Raj

I saw you at Brickfields polis stn this morning, the way the force sounded and reacted was very intimidating right? FRU and the stern warning was totally unnecessary, are they above the law or what? It was a peaceful assembly and it was them who call the Bersihs and 5 lawyers to report in, now release unconditionally, are the police impliedly admit fault in the detention?

22 05 2009
ChinLoh

Zambry won the court of appeal case, i wonder what kind of judgment is the 3 judges to write. Arent bn above the law in controlling to judges to be in favour of them? I am not being irrational but just cant trust the judiciary anymore wth the ex-umno chief judge.

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