Friday, 6 March 2009

File 39: Anarchy

an⋅ar⋅chy - (ān'ər-kē)

noun
1. a state of society without government or law.
2. political and social disorder due to the absence of governmental control: The death of the king was followed by a year of anarchy.
3. a theory that regards the absence of all direct or coercive government as a political ideal and that proposes the cooperative and voluntary association of individuals and groups as the principal mode of organized society.
4. confusion; chaos; disorder: Intellectual and moral anarchy followed his loss of faith.

anarchy. (n.d.). Dictionary.com Unabridged (v 1.1). Retrieved March 08, 2009, from Dictionary.com website: http://dictionary.reference.com/browse/anarchy

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Raja Dr. Nazrin Shah was quoted as saying, "A lawless system breeds a lawless culture" [NST, 28th February 2009 - Frontpage]. I couldn't agree more with his views. He is absolutely right. Laws are the fundamentals of peace. There will be no peace without laws. Subsequently, without peace, a nation will collapse. Literally.

I still remember when I was a kid, there was a comic column in a comic known as KAWAN. The name of the column was, 'Kalaulah... [If...]'. Once, the issue for the column was 'Kalaulah tak ada undang-undang..[If law does not exist...]'. There was this one mother in an emergency. She went to the public phones only to find out that all the phones had been vandalised. Another strip in the column showed this one tough guy, loitering around the street with a baseball bat in his hand, extorting money from the people. Two policemen saw him but they couldn't do more. Because law did not governed the people.

The situation in Malaysia currently is towards the situation in the comic. To a state known as anarchy. A state where there are no laws to govern the people. Even if there is law, the people do not obey it.

Just look at the situation in school now; bully, gangsterism, they are getting from bad to worse. They put the course of law in their own hands. They do not resort to the authorities to lodge a report whatsoever. Are we going to let the authorities get their salaries paid for nothing? Oya just settled their problem and now, a new problem arised in Tok Janggut. What is happening to the young generations?

Politis; a lot more probelems. They think they are powerful as they are the law makers and they are well-versed with the law [do they?]. As if law is above them all. They said that court's judgment can be disobeyed as the judgment made was a bad judgment. Then, what is the purpose of having a justice system? What is the purpose of the courts in the first place. It is admitted that sometimes, courts do made decisions which were bad in law. But they can appeal to it.

In short, it is disheartening to see the situation today. The situation shows that justice and law is decreasing in value. Everybody wants to interprate law by themselves.

Headache~...

Are we moving towards the state of anarchy??? Hopefully not!

P/s: If this country does not follow the rule of law, how am I suppose to work later? =p No one is above the law!

5 comments:

Anonymous said...

On the political note, it is interesting to see that you picked the part where one side went against a judge's ruling, and not when the other side bulldoze through a state constitution despite the constitution being above other laws.

The basis of nationhood is the constitution. It is our first agreement as separate persons to join together and agree upon other things, laws and culture, for instance. But some people seems to find it fit to *ahem* amend the constitution (or add new laws that negate the constitution) to their end, despite the said amendments curtailing basic rights such as the freedom to a peaceful assembly. Ever ponder on that?

kairulizwan said...

Anonymous~ I know that the constitution is the supreme law of the land. In our case, the Federal Constitution is the supreme law in Malaysia while the States' Constitutions are the highest law in the states.

And I could not agree more on your point when you said that the lawmakers amend the constitutions and the Acts as they deemed fit. For instance, the Police Act which required the people to get a police permit to assemble peacefully can be said to be against the Federal Constitution. Because the constitution provides the people to assemble peacefully. It is one of the fundamental liberties given to the citizens together with other rights included under Articles 5 to 13.

However, it is to be noted that my opinion is based on what I think and I know. On one side, I do think that a Mentri Besar can only be dismissed by a vote of no confidence or by the dissolution of state assemblies, as in the case of dismissal of a PM. And I do think that a sultan must follow the convention, where a request to a dissolution cannot be withhold.

However, to be honest, I only learned the Federal Constitution in law school and not the states' constitutions. So, I am not sure on the provisions of the states' constitution. Furthermore, it is sub judice for me to say that the other side has act not in accordance with the Perak State Constitution before the court gives its judgment on the matter.

To some extent, yes I do agree that the lawmakers from the other side had made and amend laws as they wish [e.g to increase the retirement age of the SPR director, enacted the Police Act etc]. I also agree with your statement which said "...despite the constitution being above other laws". I agree that the constitution is the highest law. But I could not comment on your opinion, "and not when the other side bulldoze through a state constitution", as I am not well-versed with the said constitution. I may agree with this statement if I know its provision better.

But my personal opinion is as what has been written in paragraph three of this comment.

Anyway, thanks for reading this blog and thanks for commenting. Much appreciated... =)

Anonymous said...

we can set aside bad judgement especially the per incuriam one.come back to the basis of law, one ought to plant in his mind that no such system in perfect.except laws from god.no matter how good we try to put it in the right way, it will not work 99.99%.we do have laws.however,as far as i'm concern,the problem is lack of enforcement.congrats for becoming part of cyber writers and fight for freedom of speech? urrmm...that is debatable=)

kairulizwan said...

dancingsparrows~Thanks for reading my blog and for your comments. Much appreciated... I agree with your opinion where bad judgment must be set aside. As you said, human laws are not perfect. But as it is the law which is prevailing now [u know right that God's law is still not in place], so, the enforcement and the understanding of the law must be at the fullest as to ensure justice, peace and harmony in a particular place.

Indeed there are some judges, arbitrators etc who interpret law as they like and this is kind of a problem to the enforcement of the law. When everybody interpret law according to own understanding, then per incuriam judgment may exist.

Anyway, thanks for you congratulatory wish =) fyi, i started writing in the cyber world since 2002 with the existence of my personal journal. it was in malay language. later on, my malay journal had became a rojak blog with all sorts of things from personal to current issues. you can check it out if you want to. hehe..

n this blog, i just started last year.

fight for freedom of speech? urrmm...that is debatable=)
-Well, i try my best to write based on my personal opinion which I think is right after my careful readings and understandings of a particular issues. Apologies if there are any wrong information but I tried my best to write from my mind as if to speak from my mind.. =) n i am saying that i am fighting for freedom of speech coz' there's lack of platform for us to voice out or opinion. at least we can do so here, isnt' it? ;)

zewt said...

This country has got plenty of law, legislation speaking. But when it comes to enforcement of law, it's a shame! Or should I say, enforcement of law to a certain group of people is a shame.

So long as you have the bucks, the law will be off your butt.