January 3, 2013
Independence of the Malaysian Judiciary: We can have it happen
by Choo Sing Chye (01-02-13) @http://www.malaysiakini.com
Is it as well encumbering for the rakyat to ask for the law that is not usually independent, though also seen as such?
The 3 pillars of good government, the Legislature, the Executive as well as the Judiciary must be separated. The legislature legislates laws, the comparison manager executes them, as well as the law checks implementation.
But in the Westminster parliamentary system, you shouldn't put as well high the hope since the Prime Minister is the head of the Legislature as well as during the same time, heads the cabinet which is the Executive. These dual entities have been seamlessly interchangeable.
In Britain, the subdivision of powers rest precisely upon the Judiciary.
"In 1984, Clive Ponting, the comparison civil menial in the Naval Affairs bureau after the Falklands War, was charged for leaking report to the Labour Member of Parliament. Ponting's bosses during the Defence method had been evenly fibbing to the parliamentary committee questioning the falling of the cruiser General Belgrano.
"Poning believed that when Prime Minister Thatcher ordered the conflict upon the Argentine cruiser, it was already withdrawal the war zone. There were 368 Argentine lives mislaid in the sinking, as well as many Britons were killed in reprisal.
"Feeling that, dual years later, the cover-up was still in effect, Ponting decided he owed the aloft allegiance to law as well as to Parliament than to his bureaucratic superiors.
"Arrested as well as tried ! by the g overnment, Ponting was in the future acquitted in the much-publicised hearing during the Old Bailey, by the jury of twelve typical group as well as women who, like their associate citizens, saw no harm in the civil menial insisting upon probity in government." (1)
In Malaysia, the BN leaders have marked down the Parliament in to the rubber stamp as well as with the sacking of Salleh Abbasin 1988, had serve provided BN leaders with near-absolute judicial power. Now they can change as well as appreciate laws as they like. Just like in the quasi-democracy, the Malaysian Judiciary is seen as another prolongation of the Executive.
Should we, the rakyat, be contented with the state of affairs that you have been in now?While the neighbours' approved spaces have been expanding, Malaysia's is shrinking. Even Burma has been taking baby-steps towards the citation of democracy.
Apparently, there is no reason whatsoever for the BN leaders to lead the nation in to the abyss of dictatorship. Only you can stop this trend by the list box in the 13th ubiquitous election.So don't demeanour the alternative way, since the preference is yours.
A reminder: "Whereas animals live by instinct as well as therefore do what they do directly, you can decide between alternatives, as well as this preference is probable since you can simulate upon how you have been going to act." Philosophy in the Mass Society, by George Grant.
Reference:
(1) Patrick Watson & Benjamin Barber. The Struggle For Democracy, Toronto: 1988
Review: The book, The Struggle for Democracy, covers upon many aspects of democracy as well as it gives us the innumerable of judicious events which touches the very cord of this subject. This book is the good read, especially for politicians.
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