The Rule of Law

In Tun Mahathir's blog yesterday, he wrote:

Malaysia is a country which practices the rule of law. Our laws must cover every aspect of our societal life, so we will know exactly what we can do and what we cannot do. Prime Ministers in particular must have everything spelt out for them in this respect. This will enable them to be charged if they had breached the rule of law long after they had retired.

Governments, serving Prime Ministers and Ministers are well placed to initiate action against others. But when the Government, the Prime Minister, the Deputy Prime Minister do something wrong, like cover-ups for example, then police reports may be made against them. But how can the person reporting be sure that the police will investigate without fear or favour. I believe some reports have been made but so far there have been no results. Public confidence would be undermined if investigations by the proper authorities are not made. If the investigation is only to clear the name, then can we say the rule of law is being properly practised?

We therefore need to have more Royal Commissions manned by people of impeccable character like the ones on the Lingam tapes. The Commissions can then make proposals based on speculations and possibilities can then investigate the possibilities and probabilities and help clear those in power. When this is done we can say that this beloved country practises the rule of law.

The rule of law, in its most basic form, is the principle 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."

However, procedures of court are still subject to manipulation and seasoned politicians cum lawyer have every opportunity to 'play the gallery' feeding clueless journalists with information leading to 'trial-by-media.'

Although the law is king, unfortunately, perception is truth.