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© The Age-Old Principle of Isonomy Brought Forth Equal Justice Embodied in the Equality Principle, Government of Laws and the Rule of Law

Posted by Hakimi Abdul Jabar on March 6 2019, 20:44pm

 

 
I have been reading these 2 news report with the URLs posted below with refreshing candour. I can't help but add to such strong legal opinions with the relevant enlightening authorities :
 
 
© The Age-Old Principle of Isonomy Brought Forth Equal Justice Embodied in the Equality Principle, Government of Laws and the Rule of Law
 
 
Isonomia - "equal law" - is the historical and philosophical foundation of liberty, justice, and constitutional democracy. Aristotle considered it the core ingredient of a civilization that seeks to promote individual and societal happiness. First ordained by the ancient Athenian lawmaker Solon (c. 638-558 B.C.), isonomia was later championed by the Roman Republic's finest orator, Cicero; but it was subsequently eclipsed for a millennium until (in effect) "rediscovered" starting in the eleventh century A.D.
 
 
The principle of isonomy, traceable to Solon's isonomia was transported to 16th. century England and displaced in the 17th. century by "equality before the law', "government of laws" and "rule of law" : Friedrich A. Hayek, The Constitution of Liberty: The Definitive Edition, (University of Chicago Press, 2011) 238.
 
 
Equal Justice is an aspect of the Rule of Law: Albert V Dicey, Introduction to the Study of the Law of the Constitution, (McMillan, 7th ed, 1908) 198; William S Holdsworth, A History of English Law (Little, Brown, 1938) vol X, 649.
 
 
The foundational nature of the principle of equality before the law has been clearly described by the High Court of Australia in its judgment in Green v The Queen (2011) 244 CLR 462 at 472 :
"Equal justice" embodies the norm expressed in the term "equality before the law". It is an aspect of the rule of law.
 
 
The same position must be reflected in Malaysia in relation to the embodiment of Equal Justice under Article 8 clause (1) of the Federal Constitution.
 
 
© Hakimi bin Abdul Jabar, Malaysia, 6 March 2019. All Rights Reserved.
 
 
 
 
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