Monday, June 29, 2009

Anwar Ibrahim: Unjust Law

I just read a very interesting article on Malaysiakini this morning regarding how 'unjust laws can be' by the Pakatan Rakyat Chief Dato' Seri Anwar Ibrahim. Strangely that article seem to have evaporated into thin air!

Nevertheless, in that piece he refers to the Kampung Buah Pala case and stated his view that some laws are unjust. I tend to agree.

"One who breaks an unjust law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law" - Martin Luther King Jr.

"An unjust law is itself a species of violence. Arrest for its breach is more so" - Mohandas Gandhi.

I fully understand the conflict between the Positivists (those who believe the Law must be followed no matter how evil it is) and the Naturalists (those who believe Law must conform to extrinsic norms of natural law); with this entry, I confirm my position that the Law must itself serve a purpose in society, and that the Law - as with all man-made concoctions - are able to be misused, abused and rendered corrupt.

What is Law? it is merely a bill passed through Parliament and with a majority vote - it becomes Law. What happens if the government of the day was voted in through illegitimate means? or through duress and threats? and with those ingredients a majority of MPs form the next government. Now, with their grip in power confirmed, they used that majority to pass laws such as allowing (for example) members of UMNO to bring their family and maid to Disneyland and have all expenses paid?

If that proposal is reduced into a Bill, went through Parliament and subsequently passed as law, no matter how obvious or scandalously a waste of tax payer dough it is, citizens must obey it as law.

That scenario has happened and with UMNO and BN at the helm, it will happen again. They will seek to legitimise their twisted distortions with 'legal' justifications and claim innocence that they are merely 'obeying the law'.

The Perak Speaker case is truly a good example. In their confidence that they will helm the west-coast states until kingdom come, they have allocated power so supreme unto the state assembly speaker that when that particular power is at long last used against them, they resorted to gangsterism, assault and battery to wrestle Pakatan's V. Sivakumar away from the Speaker's chair.

Accountability you say? Respect and honour? Amanah kepada Rakyat? UMNO and BN has none of this. The Khir Toyo Disney escapades illustrates how pompously apathetic they are in holding TRUST OF THE PEOPLE. He sheepishly said in his blog that he will repay the amount to the Selangor Government, but nonchalantly using the funds in the first place shows his utter contempt and lack of Amanah in safeguarding the Rakyat's money and trust.

Unjust laws are those which benefit a section of the community without consent from the rest, they are real and they are being used today against you. Give Pakatan Rakyat a chance to return the 'check and balance' doctrine of the Separation of Powers and doom these aristocrats to history.

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