December 25, 2011
Civil Disobedience as good as The Rule of Law: 2011Year of The Protestor
By David Tneh@www.freemalaysiatoday.com
Recent events such as Bersih 2.0, a Bar Council's Mar to criticism a Peaceful Assembly Bill (PAB) 2011, as good as a students demonstrating opposite a Universities as good as University Colleges Act (UUCA) amendment, have spawned a debate upon whether polite insubordination as good as a Rule of law can co-exist in a democratic complement such as ours.
A recent write up by a senior counsel in an English daily opined which this debate is irreconcilable during its heart as good as polite insubordination customarily constitutes a minority who impose their will upon a law abiding majority.
The writer also argued which a movement of polite disobedience, if it goes unpunished, would lead to disharmony as good as commotion in society.The movement of polite insubordination itself is tantamount to a single breaking a law; it is a rapist conduct "regardless of how novel is a ground of a polite disobedient."
And with a transparent reference to Malaysia, a movement of polite disobedience, according to a writer, is only a domestic tool used by politicians as good as polite rights transformation to clear their violation of laws.
One however can argue which in a democratic society, a single has no preference yet to follow a laws as good as 
We have been therefore assuming, yet a great of a doubt, which such lawmakers would know what is most appropriate for all of us.
Drawbacks of Representational Democracy
This is in law very alarming given what is great for a sold statute government is not indispensably great for a people.And if a sold law is upheld by a authority who is merely choosing by casting votes according to domestic celebration guidelines, afterwards there is a possibility which sure laws could be upheld which would oppress as good as means injustices to a people who have been a foundation of any democratic state.
This is a single of a drawbacks of representational democracy as a flitting of sure laws have been infrequently not finished with a interests of a people in mind yet finished in a seductiveness of consolidating a energy of a domestic party.
If this is so, could a people afterwards uncover their dissent or dissatisfaction by polite disobedience? One would most probably make make use of of a clichd solution of display one's dissatisfaction by a list box (elections) which in reality happens each 5 years.
Would o ne afterwards wait once each 5 years only to uncover one's displeasure during what is function to multitude as good as country?Could a movement of polite insubordination itself, bolster as good as propagate a some-more democratic nation to a powers-that-be?
The answer is a resounding "yes" given gone have been a days when laws have been upheld as good as adults of a nation have no preference yet to conform such! laws. T his is some-more so in a 20th as good as 21st century where rough regimes as good as dictatorial states which had used a Police as good as Military to clamp down upon societal dissent mostly ended with full of blood consequences.
Is Civil Disobedience a crime?
Would polite insubordination afterwards be construed as a rapist movement opposite a hurtful as good as rough state even yet it is perceived to be a democratic nation? History of a struggle of humankind for freedom as good as law (not indispensably for democracy) has shown which polite insubordination is a budding blossom which complements as good as strengthens a process of democratic governance, as good as a democratic government has a duty to listen to bona fide dissenting views as good as issues brought forward by its people.
The pass word here is legitimate, as good as a single does not need a very pardonable as good as most exceptional reason to be involved in polite disobedience.
The Bukit Asahan Long Mar of 1967 as good as a Baling Protest of 1974 have been dual transparent examples civilians took part to quarrel for a rights of oppressed groups, to criticism again unjust laws, corruption, a poor, as good as opposite rough stakeholders.
Civil insubordination can never be practiced in a impassioned given it would afterwards be known as a mob or a riot. The rioting in London early this year, for instance, is not a form of polite insubordination given rioters do not have a bona fide means in their acti! on.
The mob as good as rioters were a categorical means for a looting chaos, robberies, assaults upon a Police Force, a torching as good as burning of cars as good as buildings in London. Civil insubordination groups duration have been good organized, have a sold aim as good as have been customarily a bloc of polite rights movements, non-partisan groups, non-governmental organizations, as good as even domestic parties.
Over-zealousness as good as a hazard to make make use of of assault is never a part of polite insubordination groups or movements given they have been a bona fide group, voicing a bona fide cause, upon a bona fide issue.
To associate polite insubordination with a rioting in London or to contend which it would means anarchy, chaos, anarchy, tyranny, confusion, a toppling of governments, a destruction of nation, society, would be an insult to any right thinking particular with a conscience.Hence, given there have been only very couple of right thinking with such qualities as a above, they will regularly be a minority.
People have been listening
It is regularly a wordless infancy who will ride upon a efforts of a tiny infancy upon issues 
pertaining to a individual, society, country, a manage to buy or a environment.
For this infancy who most mostly agree in principle with polite insubordination issues, it is distant simpler to let this minority "fight it out" with a powers-that-be than to physically participate in criticism marches.
Perhaps, during a finish of a day, a emanate is not unequivocally about polite disobedience, yet with "civil obedience."
The actuality which multitude responds with such acts of polite insubordination proves which a people have been l! istening as good as actively sportive their rights in a abounding democracy which allows spaces for negotiation as good as compromise.
The last thing you would ever want, in a democracy, have been pale as good as law-abiding adults who do not know because they have been abiding laws in a initial place, which of march leads to a entrenchment of energy as good as a omnipotence of a state over a individual. Perhaps it is rightly for Time Magazine to honour "The Protestor" as person of a year for 2011.
What would hold up be if there is no dissent as good as no a single to take up causes for a minority, a downtrodden, a marginalized or even for a masses?
David Tneh reads FMT as good as writes upon socio-economic issues.
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