Sunday, March 1, 2009

The Rule Of Law

"The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will.

The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy."

See Lexus Nexis.

According to Wikipedia, "The rule of law is a legal concept which includes a number of interrelated principles. First, protecting the rule of law ensures that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): "For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other."

Alternatively, the phrase 'the rule of law' is better understood by translation into French. It is rendered in the 1982 Canadian Charter of Rights and Freedoms as "la primauté du droit". The term "droit" also appears in the motto emblazoned upon the Royal Coat of Arms of the United Kingdom, to wit, "Dieu et mon Droit". "Droit" or "droict", in old Law French, is a term meaning, in that context, "the whole body of the law"[1].

In England, the issuing of the Magna Carta was a prime example of the "rule of law." The Great Charter forced King John to submit to the law and succeeded in putting limits on feudal fees and duties. Another earlier example was Islamic law and jurisprudence, which recognized the equal subjection of all classes, including caliphs and sultans, to the ordinary law of the land.[2]

Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws (1748).

In continental Europe and legal thinking, the rule of law has frequently, but not always, been associated with a Rechtsstaat. According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a clear separation of powers, legal certainty, the principle of legitimate expectation and equality of all before the law.

The concept is not without controversy, and it has been said that "the phrase 'the Rule of Law' has become meaningless thanks to ideological abuse and general over-use".[3]"

When parties to a controversy seek to put forward or defend their respective positions especially in political or governance matters by referring to "the Rule of Law", sometimes they may not realise that it is actually quite obvious even to the layman who is unschooled in law that certain positions which they take are so grounded in hypocrisy that for them to justify the same by reference to "the Rule of Law" is sheer abuse of the very concept.

Nazrin's call to youth to "uphold the Rule of Law" falls within this category, both for sheer hypocrisy as well as sheer abuse of the highest order, given his position and qualifications.

"The rule of law must be upheld, and institutions established through and in accordance with the law must be respected in propagating a culture of peace", this is what he said. This is true, but cannot be used to justify abuse of process.

"A lawless system breeds a lawless culture, which in turn, suggests lawless governance and lawless governments". This is what he also said, forgetting that lawlessness on the part of the rulers and governments themselves who ignore the Rule of Law spawns and breeds rebellion of the unjustly governed, the people.

Can they blame the people then who see them trying to justify their own actions by reference to the purported "Rule of Law" which they seek to impose upon the people against their will and in complete defiance of the very principles of law and jurisprudence?

Until such self-interested hypocrisy is stopped, mere "rebellion" (which is really an exertion of the people's will against injustice and oppression) may lead to revolution.

30 comments:

Anonymous said...

SHUT THE HELL UP AND MIND YOUR OWN BUSINESS .

Dayaks Bloggers Association said...

IMPORTANT ANNOUNCEMENT/NOTICE

BE informed that the protem committee of Dayak Bloggers Association will meet on Tuesday, 3rd March 2009 to unveil the 10 Dahlil why PRS leaders shouldn't nominate Nicholas Bawin or/and why Batang Ai voters must reject him.

Venue: A-One, BDC, Kuching
Date: Tuesday, 3rd March 2009 ( to coincide with the EC decision to fix the election date for Batang Ai)
Time: 2.30pm

All are welcome !

Anonymous said...

Hi is bawin crossing over to PRS? news

Anonymous said...

I read this article somewhere ut think ther is a resemblance to the situation in Sarawak. Perharps head huter can verify....

The Traitor to Their Fellow Man.
What personal qualities have made dictators and despots so despised to the west? Was it their propensity to use chemical weapons causing death on a massive scale? The lavish spending on self and family whilst their fellow citizenâ??s struggle for the basics needed for survival? Is it their complete and utter lack of mercy to those seeking assistance for any number of unfortunate situations in which they preside over? Is it the fact that many amass wealth and fortune that many of us could only dream of, yet they are never satisfied? The thirst for wealth and power continues, whilst their subjects struggle to get the daily essentials of food, shelter and warmth? Is this what we hate about despots and dictators? The fact that they put themselves and their extravagant needs before the basic needs of others? Just where does it all start I have to wonder, this propensity to enrich oneself at the expense of others and sleep at night in a peaceful slumber. What can be done to these people so justice can prevail?

romerz said...

Mind your own business Anonymous of 5.25 PM?

"They came first for the communists, and I didn’t speak up because I wasn’t a Communist.

Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew.

Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist.

Then they came for the Catholics, and I didn’t speak up because I wasn’t a Catholic.

Then they came for me, and by that time there was no one left to speak up."

By Martin Niemoller about Nazism taking root in Germany.

Anonymous said...

.

the only rule of law BN leaders and their respective underlings understood is MONEY - money is the law.

their motto is :
- get rich by screwing the public.
- then get richer by screwing the public even more.
- after that pass on the "recipe of success" to immediate family so that they can start screwing the public all over again.

food for thoughts.

.

San Tot said...

...this tiny bridge must be crossed at any cost! Since the people of Batang Ai lacks equipment to receive information via the internet...then we will send in the paratroopers!

General King Cup

tunabdulrazak said...

We can stop it. What we bloggers are doing now is actually part of the process of shaping opnion for the citizens. We have to keep blogging. The election results in Malaya prove that we will succeed in kicking out Taib, Jabu and BN.
Bloggers with legal background like Swak HdHunter may write about rules of law. Myself, may just be contented with taking related pix to be posted.

Anonymous said...

Anonymous of 5.25pm
Tell me why are you here then?

Singh is the King said...

The Batang Ai voters are far from being convienced that HE will not jump like a frog.
HE was hand picked by PBB , Datuk Celetine Ujang to contest in Batang Ai. When the seat was given to SNAP in 1987 HE signed up. He fought hard against PBDS candidate but lost. SNAP helped HIM to get a government job. HE was sacked for non performance. HE joined PBDS but fortunately the party was de-registered. HE later submit an application to join SPDP, accepted but later withdrew because Datuk Mawan cannot give him government post. HE then set up MDC but application rejected by ROS. Go back to SNAP again in 2006, again failed. When PKR passed by HE took the opportunity. If not elected as candidate HE is contemplating of joining DAP or PAS. Not suprising if at the end of the day HE joined BN( just part one of the Dahlil) to be continued..............

Al Tugauw said...

Tunabdulrazak, I am just a layman unschooled in law, a retired teacher.One does not have to be a lawyer to see the contradictions and hypocrisy of the positions adopted by the rulers, the ruling party regime and their ardent supporters - that is my point.

Anonymous said...

Below is the comment from Mr Kleen Singh posted in my blog (The Brokjen Shield) in response to the first posting above:-

————————————————————————–
The Dayak Bloogers Association must have a sound and valid ground on why they do not endorse Nicholas Bawin candidacy.

Cobbold John said...

IMPORTANT ANNOUCEMENT/NOTICE

BE informed that the protem committee of Dayaks Bloggers Association will meet on Tuesday, 3rd March 2009 to unveil 10 Dahlil why PKR leaders shouldn’t nominate Nicholas Bawin and/or why Batang Ai voters should reject him.

Venue: A-One, BDC, Kuching
Date : Tuesday, 3rd March 2009.
Time: 2.30pm

All are welcome !

-------------------------------------------

I refer to the above posting and hereby wish to inform all readers of this blog that the said meeting was actually a FRAUD / HOAX.

I hope all readers are aware of the ploy to discredit Mr Nicholas Bawin from contesting in the Batang Ai by-election.

This is just another dirty tactic employed by BN goons to weaken PKR’s chances of winning the Batang Ai by-election.

Once again I wish to advise members of the public that THERE IS NO SUCH meeting purportedly to be held by the so-called Dayak Bloggers Association on 3 March @ 2.30 pm.

Thank you.

Cobbold John

Anonymous said...

.

way to go Cobbold John.

this is exactly what is needed to counter false accusation by BN.

Speak up against untruth inorder to unravel the truth.

SILENCE IS NOT GOLDEN.

.

Singh is the King said...

Tiyung Dayak on March 3rd, 2009 7:46 am Mr. Singh the King,

Is that the sole reason for pro-tem (?) Dayak Bloggers’ Association to hold their meeting (at BDC) this afternoon (March 3, 2009)?

iris said...

Laws are always meant to be broken, and laws are game for the rich only

Singh is the King said...

KUCHING, Feb 26 (Bernama) — Parti Keadilan Rakyat (PKR) has a fighting chance of winning the Batang Ai state seat in the coming by-election following the death of its assemblyman Datuk Dublin Unting Ingkot, state PKR deputy chief Nicholas Bawin Anggat said today.

Bawin, who is widely tipped to be PKR candidate for the seat, said that this time around the battle for the Iban-majority seat would be intense as both parties had the financial and logistic support, unlike in the previous election.

“I will leave it to the party to decide who is the PKR candidate for the Batang Ai seat and it will be an honour to me if the party nominated me as the candidate,”he told Bernama here today.

00000000000000000000000000000000000000000000000000000000000

DONATION ? Dayakbaru is soliciting from members of the public (RM5-10) each to finance the Batang Ai by-election. On the one hand Bawin told the world & Bernama that the party has the financial support to fight BN? Where does the fund goes to?
I do not think it right and proper to raise fund or seek donation from the already poor Dayaks community esp. so if Dayakbaru does not have the necessary permit from the relevant authority. Let those who has the means & money talk about politic, the reality.

Malcolm said...

The State BN has bottomless monetary resources at their disposal. Opposition has to depend on contribution from its supporter, particularly PKR.

Please donate to PKR Batang Ai by-election fund generously. Your $5-$10 may save Sarawak and our children future.

Those interested to donate can contact Bawin or PKR HQ specifying the purpose of your donation.

PKR will depend on your help and spirit to put right what is wrong.

PKR and Opposition should forget “politicking” -like who is the better candidate and why. Those who support Opposition should focus on how you can help bring the PKR message to the voters of Lubok Antu. We can all scarifice our own time and money to help PKR to start the journey to form the next State Government after the next State Election.

Should BN lost, I think Taib will run away from Sarawak to his many palatial homes. Those MPs and DUNs left behind by Taib would all scrumble to be with PR.

Building up a successor is a mark of good leadership. This Taib has not done at all - he wanted to create a political dynasty through appointing his son. What a shame?

We cannot dwell on the “negative” too much. We Dayak must use our wisdom to preserve our land and culture.

We VOTE PKR to replace the BN government with new agenda of justice and fairness to all Malaysian.

NETIZEN 0484 said...

DAYAK BLOGGERS ASSOCIATION MY FOOT!
THERE IS NO SUCH ASSOCIATION, WE BLOGGERS ARE LIKE HACKERS, WE ARE JUST INDIVIDUALS WHO EXPRESS THEIR FEELINGS AND WHAT WE THINK COZ EVERY INDIVIDUAL HAS THE FREEDOM OF RIGHT TO TALK..... TO DAYAK BLOGGERS ASSOCIATION JUZ FUCK OFF !

Bala Sida Menaol said...

We the new generation of voters do hereby solemnly declare that ;

1. we uphold true democarcy and oppose any kind &/or any form of dictatorship

2. we uphold justice and oppose any kind &/or any form of oppressions

3. we uphold transperancy from any appointed person or persons appointed by the rakyat to hold the governing office and oppose any kind &/or any form of corruptions &/or mismanagement of the governing office &/or abuse of power

4. we uphold freedom of choice which we deem fit to the interest and benefit of rakyat as a whole and not only to benefit some individuals or group of people and oppose any kind &/or any form of treats

5. ..............

Miss Kepayang said...

Yet another intelligence information I would like to share with you guys.

This is perhaps a good news for PKR but certainly not for BN.


When inside source in BN confirmed that Masing submitted only one name ( Malcolm Moseen) to BN leadership for approval, PKR leaders decides to switch to Jawah Gerang as its candidate for Batang Ai.
PKR leadership reasoned that being only a Diploma holder Bawin would not be able to take on the highly qualified Malcolm but Jawah can.

You PKR not bad, a good tactical move.

Akiq Hawong said...

Tiyungdayak siad..MONEY DONATION???

Although I’m apolitical BUT willing to boot out the current gomen via my “insignificant” vote, but – yes, BUT – whenever it comes for donation to any political party, sorry, I’m very reluctant to do it.

WHY??? There are few political leaders in Malaysia who have abused their positions and powers by “grabbing” the donated money given by the public!

The recent case involved Sami Bulu or Semi Value or something, which has tarnished the image of MIC! How do we expect to respect such an irresponsible leader???

Well, we would be able to donate some of the money to some recognizable, welfare organizations that are in dire strait for public aids, but NOT to political parties!

Thank you, sir!

Anonymous said...

Written by : Dr. John Brian Anthony

Donors

This donation is on voluntary basis. Please send / deposit your donation into:

Bank: Maybank

Account Name: PIEE BIN LING

Account Number: 5110-8361-2631

(if you have any doubt on this donation, please contact YB Dominique: 0168661718)

I ask for $5.00 each from PR supporter for Batang Ai. If you can spare more, we would be most grateful.

I would like to thank every donor in advance for their kind contribution to help us poor politician. Your money would go a long way to help PR in their campaigning work.

Anonymous said...

Hei Kaban Semoa!

PKR always say Barisan Nasional is practising money politic to fish votes dan now pop-up PKR election fund. Is this money politic too?
Are you not digging your own graves yard. Come on Brother, BN is strong , please don’t play-play esp. you civil servants. Any one found giving financial support to opposition must be prepared to face the music.My big brothers in the state secretariat told me that a monitoring team has been formed to deal with traitor.

Anonymous said...

RM2000 Per Voter Cost For Batang Ai DUN
Small Change For BN

Direct Vote-Buying Cost:
1. Batang Ai total voters around 8,000 so the money politics by BN would only need to spend arounf RM4-5 million (RM1000 per vote) to get simple majority of 4000-5000 votes. 99 percent of Dayak voters will accept that RM1000, rare instant cash scheme. So 50 percent winning chances already in hand.

Indirect Vote-Buying Cost:
To take the other 50 percent winning chances,
1. Helicopter charge per day around RM50K so for one week campaign is around RM400K plus extra hours. (Est.Total RM400K)
2. Diesels for 4WDs is RM100 per day so total JKR, Salcra,CMS Road, PPES Works, Councils, Education, Penerangan SUVs/pickups required around 75 4WDs giving out RM50K-60K worth of diesels. 4WD drivers would demand around RM50-RM100 per day overtime charge so that’s add another RM100K. (Est.Total RM150K)
3. Longboats would require RM200 per day charge so BN need to sapu around 30 boats plus RM500 per boat to be booked regardless of usage or not so total is RM25K-30K cost. (Est. Total RM30K)
4. Kampong concerts also a must with band boy and Dayak singers must be booked in advance. Decent band boy would demand RM1000 per night while Dayak singer would charge at RM500 minimum per night, which put it at around RM2K total cost for night. Around 2 or 3 shows per night at different locations by various Dayak bands/singers would cost RM15K-20K for one-week campaign period. If include Dayak copycat Elvis special cameo that would add another RM5K. (Est.Total RM30K)
5. Now foods and drinks. Take a typical 250kg pig would cost anywhere RM450-500. Some chicken wings, drumsticks of 100kg at RM8/kg would add around RM800. Charcoals for BBQ is RM5/kg so for 3 bags of 25kg is RM375. Custom-smuggled Chivas/Martell/JohnyWalker 1Litre is around RM80 per bottle so take it as RM960 per carton of dozen/12 bottles. Custom-smuggled Tiger beer at RM65 per crate so take 100 crates for total RM650. Softdrinks like ‘aik menet botol’ would cost RM45 per wooden crate and just take 10 crates for the kids plus some cheap Cola Bingo at RM20 per box for the folks to mix with the liqours at 10 boxes so total is around RM650. Ice cubes at RM5 per bag so take 10 bags for ice cool beers, RM50. That’s around RM4200 cost for all foods and drinks already for one longhouse gawai per night. Reserve for minimum 30 longhouse or kampongs. (Est.Total RM126K. RM200K just in case or RM500K for a grand gawai feasts)
6. Mineral water with logo printout. 500ML at RM1.50/pc (Per box dozen RM18), 1.5L at RM3/pc (Per box half dozen RM18). Minimum order: 1000 boxes 500ML, 500 boxes of 1.5L (Est.Total RM27K)
6. T-shirts with party logo front, back at RM20/shirt (5000 pcs at RM100K). Collar Tshirt at RM60/shirt (3000 pcs at RM180K). Rossete/button at RM10/pc (2000 pcs at RM20K). Caps at RM15/pc (5000 pcs at RM75K). Basic apparels cost Est. Total RM375K.
7. Banners with standard size of 3ft width X 12ft length plus inkjet print single color would cost RM200/pc or multi-colour at RM500/pc. Minimum order of 500 banners: 300 single-colour and 200 multi-colour. Above 500 pcs got 15percent discount. Each 1000 extra add 10 percent discount. (Est.Total RM160K)
8. Propaganda Leaflets/phamplets. A4 single-colour RM0.50/pc, multi-colour RM2.00/pc. Transparent inserts(to put the leaflet inside, prevent wet) A4 size RM1.00/pc. 500m run of leaflets to form hanging banners would cost RM2300 per run. Add labour charge for installation and dismantle RM300 per run. Total cost RM2600 per run or RM5200 per KM run. Minimum 50KM run. (Est. Total RM260K)
9. ‘Private security firm’ would be engaged. Some are local bouncers while the chiefs from Kuching Heng Hua gang leader(SUPP goons) would take part as observer cum enforcer. They will monitor the banners, the kampong concerts, the diesel supplies plus the ‘gambling rights’ such as cockfighting and ‘holo’ at longhouses or near kampong concerts valid for campaign period. The gambling rights, supply of beers/liquors money are all for their takings as part payment for their professional fees plus RM50K upfront deposit for initial running cost. Their long-term lucrative rights for jalan tikus along Lubok Antu porous borders to smuggle stolen Kuching cars to Kalimantan will remain intact from police enforcement and extended as well. Win-win business operative.

Overall typical, conservative cost around RM6.5 - 7.5 million or put it as cool RM8 million and that’s a minimum cost only. A Dayak crony contractor for some big Lubok Antu project can easily sponsor that amount, not to mention the Chinese sponsors under SUPP brotherhood(mostly from super-rich Simanggang former communists businesmen) that ever willing to chip in another few millions for another total of RM10million cost. Expect BN to annouce more Batang Ai silly projects such MRP grants, Projek Kilat, as big bomba station, GOF complex plus quarters, schools, tar roads even to the deepest kebuns (like in Asajaya), libraries (with outdated Newsweek), LCDA/SEDC rural shophouses (always empty like in Lundu) which add the possible project cost at RM100-150 million only to be reserved/pre-arranged for BN ali baba contractors actually. Also expect the same indirect vote-buying cost for BN-planted independents Calon Bebas which is still a small peanut for BN to sponsor.

To secure 5000-odd votes, per voter cost is RM1,600-RM2000 or RM8-10 million total cost on minimum conservative average. Small change for BN to operate this fake democracy. Such a cheap price to rob the Dayak souls. One DUN seat would never been so precious than this Batang Ai in time for change.

HIDUP BARISAN....LUPUT PKR

Anonymous said...

Amat paloi sereta tambap kitai Dayak..duit asoh bank-in ngagai account laut.Enti laut makai duit, nusu jari. This farther confirmed my believe that some com man are at job.

Donors please stay way from this con job.

Enduiban said...

Akai rai sapa akih Piee bin Ling tu…

Minta nombor account Bawin kah, Jawah kah..

Nama enggai enda ngasoh sida Duminik ngumpul duit nya..

Abis duit kitai pajuh sida ila…

Perkara baka tu tau ngasoh PKR alah..

Remind me of a song KABAN MAKAI KABAN.

toyol said...

ANANG MAIOH JAKO AMBIK AJA DUIT, DINI BULIH DUIT FREE, TU MEH MAYA IYA KITAI MAKAI DUIT TAIK MAMUD.....LEBOH NYUNTENG UNDI LAGI NYA LAIN JERITA

Jackson Mangan said...

The Rule of Law! I think you and I should have another closed-door discussion regarding this topic, as I need some guidance about past years' questions. Kindly contact my email address a.s.a.p.

Regards,
Tiyung Dayak.
http://tiyungdayak.wordpress.com
jackson.mangan@gmail.com

Jackson Mangan said...

I got an email from altugauw@gmail.com, but I'm not sure whether it's yours or not. Kindly confirm it a.s.a.p., as the receiving system was broken down. Damn, TM might be using "cable sewa"! Not wonder it's hard to access some blogs, especially DayakBaru.com.

I'm going to ask you about the British system of law once used in Sarawak.

Thank you and best regards,
Tiyung Dayak.