by Joe Fernandez
Bad laws are unconstitutional, thereby unlawful and therefore illegal. Bad laws are a nullity, invalid and void from the very beginning i.e. as if they never existed.
The Sedition Act is inherently flawed even if it’s not silent on the premise that the first past the post system must be subject to the popular vote. The National Fatwa Council’s take on illegal demonstrations and occupation of the streets is unconstitutional, thereby unlawful, and therefore illegal. http://my.news.yahoo.com/haram-to-topple-government-through-violence-repeats-fatwa-092142721.html
A legitimate Government must not only have and/or have the support of the majority in Parliament; it must have the popular vote. The first past the post system must be read in a holistic manner. We cannot allow the "the winner takes all and the loser loses all" mindset to ride roughshod over us and deprive us of the democracy which is our birthright.
We haven't even gone into the issue of gerrymandering of the electoral boundaries, illegal immigrants and other foreigners on the electoral rolls, electoral fraud and the complicity of the Election Commission, the National Registration Department, the entire machinery of the civil service and the Court.
Again, as much as the majority in Parliament -- provided it has the popular -- the minority, the losing voices under the first past the post system, have a right to be heard in Parliament.
This is what democracy is all about.
No one should be accused of trying to bring down an illegitimate Government. In fact, it's the sacred duty of their people to regain their sovereignty which has been usurped by a handful of people heading a so-called Government.
The BN should agree to enter into an Interim Government with the Opposition to ensure free and fair elections or the people are left with no alternative but to form a Revolutionary Government.
The street protests and occupation are a legitimate form of expression by the people when the so-called Government refuses to enter into a dialogue on forging ways to take the nation forward in matters of politics, the Government and nation-building.
Law goes beyond the statute books, common law, the Constitution, jurisprudence and history to what has always existed.
Law exists and it's for the Court to find the law, notwithstanding our adversarial system of justice, and over and above what has been looked for and pointed out to the Court by lawyers.
Having said that, it has been noted that it has always been somewhat of a mystery as to exactly what skills lawyers bring to their profession.
It's time as well that the people took back the Court process from the Court and lawyers.
6 comments:
Great write-up enlightening us. Isn't Law said to be an Animal?
Subashchandra Muniandy.subash2608@gmail.com
BUT THEY USE IT ANYWAY!
It was a character, Mr Bumble, in Charles Dicken's Oliver Twist who said, "if the law supposes that, the law is an ass".
"Bad laws are unconstitutional, thereby unlawful and therefore illegal"
The one question you ought to ponder is this ---
Can Malaysia be called a legitimate country ?
I mean, look at the constitution of Malaysia, right inside it contain REALLY LOUSY CLAUSES which institutionalize racial segregation
If you wanna comment on "bad law", I humbly suggest that you start there
The UN finally told Jakarta that it's 27-year-long occupation of East Timor was illegal. Do you realize that Malaysia is the only country in the world which doesn't teach the history of its formation? Why the lies in our history books that "Sabah dan Sarawak mencapai kemerdekaan mereka melalui Malaysia?" Sabah & Sarawak were independent before Malaysia on 16 Sept, 1963. Sarawak became independent on 22 July, 1963. Sabah became independent on 31 Aug, 1963. The British and the Malayans had no business dragging Sabah and Sarawak, two independent countries, into their Malaysia. The codified Constitution of Malaya is being passed off as the codified Constitution of Malaysia. The Federation of Malaya is masquerading as the Federation of Malaysia and refers to Sabah and Sarawak as the 12th and 13th states. Malaysia has an uncodified Constitution which includes the constitutional documents which would have provided the basis for Sabah and Sarawak to be in Malaysia had there been a Referendum.
There's no such thing as a Malay race, only a Malay language created by Hindus & Buddhists from a dialect in Cambodia to be the lingua franca of the Archipelago, hence the Malay Archipelago. The Malay-speaking squatters in Malaya -- Bugis, Javanese, Minang, Acehnese, Arab Muslims & Indian Muslims -- can be divided into three groups viz. the greedy Mahathir, Taib & Co category; the jealous Anwar & Co category who want to be greedy; and the give me give me category. This is the kind of politics the so-called Malays practise: running up the National Debt Burden to facilitate their plundering the Public Treasury to feather their own nests under the guise of bringing so-called development to the people. After 50 years of Malaysia, they are still talking about water, electricity, schools, and rural roads. Macam tidak habis cerita donggeng ini!
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